The Corporation of the City of Kawartha Lakes
Agenda
Committee of Adjustment Meeting
COA2019-06 Thursday, June 20, 2019 1:00 P.M. Council Chambers City Hall 26 Francis Street, Lindsay, Ontario K9V 5R8
Members: Councillor E. Yeo David Marsh Andre O'Bumsawin Sandra Richardson Lloyd Robertson Steve Strathdee
Accessible formats and communication supports are available upon request. Pages
1. Call to Order
2. Administrative Business
2.1 Adoption of Agenda
2.1.1 COA2019-06.2.1.1
June 20, 2019 Committee of Adjustment Agenda
2.2 Declaration of Pecuniary Interest
2.3 Adoption of Minutes
2.3.1 COA2019-05.2.3.1 5 - 16
May 16, 2019 Committee of Adjustment Minutes
3. New Applications
3.1 Minor Variances
3.1.1 COA2019-034 17 - 26
Quadri Adebayo, Planner II File Number: D20-2019-023 Location: 467 Sandhills Road Part Left-North Half Lot 8, Concession 8, Part 1, 57R-5396 Geographic Township of Eldon Owners: Patricia and William White Applicant: Patricia White
3.1.2 COA2019-035 27 - 38
David Harding, Planner II File Number: D20-2019-024 Location: 202 Moorings Drive Part West Half of Lot 24, Concession 1, Part 1, 57R-5054 Geographic Township of Somerville Owners: Wayne and Brian Alldridge Applicant: Doug Van Halteren
2 3.1.3 COA2019-036 39 - 52
David Harding, Planner II File Number: D20-2019-025 Location: 80 McLeish Drive Part Lot 17, Plan 313, Part Shore Road Allowance, Part 1, 57R-10642 Geographic Township of Dalton Owners: Shane and Barbara Sherar
3.1.4 COA2019-037 53 - 63
Quadri Adebayo, Planner II File Number: D20-2019-026 Location: 64 Sturgeon Crescent Part Lot 3, Concession 8, Plan 593, Lot 12 Geographic Township of Fenelon Owners: Charlotte and William Hastie Applicant: Garry Newhook
3.1.5 COA2019-038 64 - 76
David Harding, Planner II File Number: D20-2019-027 Location: 15 Courtney Lane Part Lot 15, Concession 8 Geographic Township of Verulam Owners: Sergey and Elena Bogdanets Applicant: Sergey Bogdanets
3.2 Consents
4. Deferred Applications
4.1 Minor Variances
3 4.1.1 COA2019-010 77 - 92
Quadri Adebayo, Planner II File Number: D20-2019-003 Location: 23 Westview Drive Part Lot 17, Concession 8 Geographic Township of Emily Owner: Betty Ann Oliver
4.1.2 COA2019-040 93 - 155
Quadri Adebayo, Planner II File Number: D20-2019-009 Location: 20 Griffin Drive Part of Lot 19, Concession 7, Lot 4 on Plan 327 Geographic Township of Somerville Owner: Frank Danek Applicant: Phillip Danek
4.2 Consents
5. Other Business
6. Correspondence
7. Next Meeting
The next meeting will be Thursday, July 18, 2019 at 1:00pm. in Council Chambers, City Hall.
8. Adjournment
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The Corporation of the Gity of Kawartha Lakes Minutes Gommittee of Adjustment Meeting
coA2019-05 Thursday, May 16,2019 1:00 P.M. Gouncil Chambers City Hall 26 Francis Street, Lindsay, Ontario KgV sRB
Members: Councillor E. Yeo David Marsh Andre O'Bumsawin Sandra Richardson Lloyd Robertson Steve Strathdee
Accessible formats and communication supports are available upon request.
5 2
1 Gall to Order
Chair Robertson called the meeting to order at 1 :01pm. Councillor E. Yeo and Members A. O'Bumsawin, S. Richardson, and S. Strathdee were in attendance
Acting Secretary-Treasurer - M. LaHay Recording Secretary - C. Crockford-Toomey
Absent: D. Marsh
2. Administrative Business
2.1 Adoption of Agenda
2.1.1 coA2019-05.2.1.1 May 16,2019
Committee of Adjustment Agenda
Moved By Councillor E. Yeo Seconded By S. Strathdee
That the agenda for May 16,2019 meeting be approved Carried
2.2 Declaration of Pecuniary lnterest
There were no declarations of pecuniary interest noted.
2.3 Adoption of Minutes
2.3.1 coA201 9-004 .2.3.1
April 18, 2019 Committee of Adjustment Minutes
Moved By S. Strathdee Seconded By S. Richardson
That the minutes for the previous meeting held April 18,2019 be adopted as circulated. Carried
6 3
3. New Applications
3.1 Minor Variances
3.1.1 coA2019-022
David Harding, Planner ll File N umb er: D20-2019-01 4 Location: 2173 Elm Tree Road Part East 112Lot 3, Concession 1, Part 1, 57R-6378 Geographic Township of Fenelon Owners: Matthew and Amy Coultice Applicant: RWH Construction - Ryan Hayter
Mr. Harding summarized Report COA2019-022, to request relief to permit a detached garage within a front yard instead of an interior side or rear yard. The application is a result of a Building Division enforcement matter. The detached garage was constructed without a building permit. Staff stated that they had discussed the proposed modifications with the owners.
The Committee asked enquired why Condition 3, which requires the removal of the bus shelter, was recommended. Staff replied that the zoning by-law permits a maximum of three existing accessory buildings on a lot. Without its removal, there would be four buildings.
The Committee questioned the intent of Condition 4, which requests modifications to the building elevation drawings, when the garage already exists Staff replied although the garage is already constructed, a permit has not been issued, therefore changes to add faux windows have not been included.
The Committee asked for clarification on the Building Division enforcement issue Ms. Murchison, Chief Building Officialwas present and spoke to the Committee regarding timeline of events. Ms. Murchison concluded that in January, 2019 the building inspector was contacted to conduct the final inspection, but upon review, the inspector noted that a building permit was not issued. The Committee asked for confirmation as to whether a building permit was issued. Ms. Murchison confirmed that no building permit was issued.
The applicant, Ryan Hayter of RWH Construction was present and spoke to the Committee. He began by thanking the Committee and Staff. Mr. Hayter continued to say he had applied for a building permit and had an initial meeting
7 4 with the building inspector. He stated that while there is no hardcopy evidence that his office was contacted notifying them that the building permit was not issued, he took full responsibility for building without a permit. He further stated that he has been working with the City to bring the building into conformity.
The Committee asked the applicant if it is common practice to build without a permit in hand. Mr. Hayter replied it is not uncommon for the building inspector to give a verbal go-ahead with the building permit to follow. The Committee responded by asking whether the owners or his company were responsible for causing this situation. Mr. Hayter replied that his company takes full responsibility.
The Committee stated it takes 10 days to issue a building permit, and questioned why his company did not wait until the permit had been issued to proceed with construction. The Committee continued by asking if it was conveyed to him that the building did not comply with the zoning by-law, which is why the permit was not issued. Mr. Hayter said he could not recall timelines, but stated that everyone gets busy and he realises that he erred.
Mr. Hayter stated that he had been advised by Staff that windows will need to be placed upon the garage, and is concerned that the windows serve no purpose and pose a security concern as it will allow people to see in.
The Committee noted that the staff report had taken that concern into account, and that faux windows were proposed instead. The Chair cautioned Mr. Hayter that there are rules to abide by.
One of the owners, Mrs. Coultice was present and spoke to the Committee. She stated that she will accept whatever treatments the Committee deems necessary, but would prefer plantings instead.
Councillor Yeo supported the staff recommendation and agreed with the Chair that the rules must be followed.
The Committee or other persons had no further questions
Moved By A. O'Bumsawin Seconded By S. Richardson
That minor variance application D20-2019-014 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions:
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1. That the building construction of the detached garage related to this approval shall proceed substantially in accordance with the sketch in Appendix C submitted as part of Report COA2019-022, which shall be attached to and form part of the Committee's Decision;
2. That the east wall of the detached garage shall contain two artificial/faux windows in accordance with Appendix E to Report COA2019-022;
3. That prior to the issuance of a building permit the Chief Building Official or his/her designate shall submit written confirmation to the Secretary-Treasurer that the building identified as Bus Shelter on Appendix C to Report COA2019- O22has been removed;
4. That to satisfy Condition 2 the owner shall prepare and submit to the Planning Division building elevations of the detached garage to the satisfaction of said Division. The elevations are to be prepared in general accordance with Appendices D and E to Report COA2019-022, and said satisfactory elevations shall be submitted as part of an amended building permit application; and
5. That the building construction related to the minor variance shall be completed within a period of four (4) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection.
This approval pertains to the application as described in report COA2019- 022. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.
Garried
3.1.2 COA2019-030
Quadri Adebayo, Planner ll File N umb er: D20-2019-021 Location: 18 Baker Boulevard Part of Lots 22 and 23, Concession 1 , Part Shore Road Allowance, Part 4, RP 57R-3775 Geographic Township of Digby Owner: Stephan and Deborah Holtze Applicant: Stephan Holtze
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Mr. Adebayo summarized Report COA2019-030, to request relief in order to permit the construction of additions to a single storey detached dwelling.
Agency Comment: April 29, 2018 Building Division, Sewage System - No concerns. May 6, 2019 Building Division, Plans Examiner - No concerns, May 6, 2019 Engineering and Corporate Assets - No objections or concerns
The Committee noted that the Kawartha Region Conservation Authority (KRCA) have no concerns provided the applicant adheres to the tree removal requirements under the Migratory Bird Act. The Committee noted trees had already been removed and asked staff what the timeline for further tree removal if required. Staff responded it is between May 15 to July 31st.
The owner, Mr. Holtze was present and stated that there will be no more trees removed.
Staff commented that as the property is not within the KRCA regulated area, permits are not required. Their comments were recommendations only.
The Committee or other persons had no further questions.
Moved By Councillor E. Yeo Seconded By S. Richardson
That minor variance application D20-2019-021 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: 1. That the construction of the additions to the dwelling related to this approval shall proceed generally in accordance with the sketch in Appendix C and elevations in Appendix D submitted as part of Report COA2019-030, which shall be attached to and form part of the Committee's Decision. Any deviation from these specifications will require review by the City and may necessitate further approvals to be granted by the City and/or any other governing agency, body or authority, where applicable; 2. That as part of the building permitting process for the proposed dwelling, the shed located in the northerly side yard between the front wall of the dwelling and the front lot line be removed from the property to the satisfaction of the Chief Building Official; and
10 7
3. That the building construction related to the minor variance shall be completed within a period of twenty-four (24) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection.
This approval pertains to the application as described in report COA2019- 030. Fulfillment of all conditions is required for the Minor Variances to be considered final and binding. Garried
3.2 Consents
3.2.1 coA2019-032
lan Walker, Planning Officer - Large Developments File Number: D03-2019-016 Location: 16 Commerce Place Lot 11, Plan 606 Former Town of Lindsay Owner: 1675453 Ontario Limited Applicant: Arth ur Kloosterman
Mr. Walker summarized Report COA2019-032, to create an easement for a right- of-way for storm management purposes.
Agency comments:
April 4, 2019 Building Division - No concerns. April 9, 2019 Engineering & Corporate Assets Department - No concerns. April 9, 2019 Community Services Department - No concerns. April 9, 2019 Enbridge Gas lnc. - No objections. April 17,2019 The Kawartha Region Conservation Authority advised that the proposed storm water management infiltration gallery will contain the 100 year storm event, and the emergency overflow weir outlets to a ditch that is not regufated under Ontario Regulation 182106. No permits required from Kawartha Conservation. No objection to the proposed easement.
Public Comments
William and Deborah McDonnell of Lot 9, Plan 608 objected to the application as
11 8 they do not know if the works will impact on their property and had several questions.
Staff have provided a response to those questions, however in recent correspondence received, they noted that a drainage ditch had been installed; hence they remain concerned with the proposed easement.
The Committee enquired about the objection from the public. Staff spoke to the storm management design and that it would not encroach. The Committee noted in the objectors comments that a drainage ditch had already been installed. Staff confirmed yes.
The applicant, Mr. Kloosterman was present but did not speak
The Committee or other persons had no further questions.
Moved By S. Strathdee Seconded By Councillor E. Yeo
That consent application D03-2019-016, being an application to create an easement for a right-of-way of approximately 774.21square metres over Lot 11 Plan 606 to provide access for storm water management purposes in favour of Lot 10 Plan 606, be Approved.
The decision and the following set of conditions represent good planning.
Conditions of provisional consent:
1. This approval applies to the transaction applied for. 2. Submit to the Secretary-Treasurer one copy of the registered reference plan of the easement to be created.
3. Submit to the Secretary-Treasurer payment of all past due taxes and charges added to the tax roll, if any, at such time as the deeds are stamped. 4. Payment to the City of Kawartha Lakes of the stamping fee prevailing at the time the deeds are stamped, for the review and clearance of these conditions. The current fee is $225.00. Payment shall be made by certified cheque, money order, or from a lawyers trust account.
5. Submit to the Secretary-Treasurer a copy of the Registry Office receipted documents with respect to Application D03-2019-016.
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6. Submit to the Secretary-Treasurer a deed in triplicate for endorsement with the certificate of consent which deed shall contain a registerable description of the parcel of land described in the decision.
7. The applicant's solicitor shall provide a written undertaking to the Secretary- Treasurer confirming, pursuant to Subsection 53(43) of the Planning Act, that the deed in respect of this transaction shall be registered in the proper land registry office within six months from the date that the Secretary-Treasurer's certificate is stamped on the deed, failing which the consent shall lapse.
8. The applicant's solicitor shall also undertake to provide a copy of the registered deed to the Secretary-Treasurer as conclusive evidence of the fulfillment of the above-noted undertaking.
9. The applicant shall pay all costs associated with the preparation and registration of the required documents.
10.All of these conditions shall be fulfilled within a period of one year after the giving of the Notice of Decision, failing which, pursuant to Subsection 53(41) of the Planning Act, this consent shall be deemed to be refused. Carried
4. Deferred Applications
4.1 Minor Variances
4.1.1 coA2019-033
David Harding, Planner ll File Number: D20-201 9-004 Location: 221 Francis Street East Part Lot 21, Concession 11, Part 2,57R-2234 Geographic Township of Fenelon Owner: Nancy and Shirley MacDonald Applicant: RWH Construction - Adam Hayter
Mr. Harding summarized Report COA2019-033, to permit a constructed detached garage. The application was previously deferred at the February 21, 2019 Committee of Adjustment meeting.
The Committee asked Staff if a building permit was issued
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Ms. Murchison, Chief Building Official spoke to the Committee. The application is the result of a Building Division enforcement matter. ln June of 2017, the applicant applied for a building permit but it could not be issued as the garage location did not comply with the zoning by-law. On February 20,2018 the Building Division became aware that the garage had been built without a permit. The variance application was submitted on December 14,2018.
The Committee questioned the fees to be paid when construction takes place without a permit. Ms. Murchison replied that there are penalties: the regular fee is doubled if the building complies with the zoning by-law and tripled if a variance is required.
The Committee stated that the applicant appears to have a track record. The Chair asked if the applicant wished to speak.
The applicant, Ryan Hayter, RWH Construction was present and spoke to the Committee. He reiterated the same message as given to the first application heard D2O-2019-014 for 2173 Elm Tree Road, that he accepts full responsibility for not having a permit.
The Committee questioned Condition 4 as to which department will inspect to make sure the faux windows and cladding are installed and whether a further deferral should be made to ensure the owner makes the staff requested changes to the building prior to the Committee making a decision.
It was suggested by Staff that the application be further deferred 4 months to allow applicant time to install faux windows and cladding. The applicant would then schedule an inspection with the Planning Division that the work had been completed. The proposal could then be brought back to the Committee for a decision. The Committee, in consultation with the Chief Building Official, stated that 4 months seemed excessive, and asked the applicant how much time would be needed to carry out the changes. The applicant suggested 2 months would be sufficient time.
The Committee or other persons had no further questions.
Moved By S. Strathdee Seconded By A. O'Bumsawin
That Minor Variance application D20-2019-004 be further DEFERRED for a period of two (2) months in order to provide the owner sufficient time to install
14 I 11
faux windows and stone cladding as per Appendix D or Report COA2019-033 and to contact the Planning Division to confirm installation.
Garried
4.2 Consents
5. Correspondence
6. Other Business
The Chair opened up a discussion with staff as to whether fines should be put in place where construction takes place without a permit. Ms. Murchison, Chief Building Official, spoke to the Committee and confirmed that there are fines in place. Discussions ensued.
Ms. Murchison stated that she would like to be included in future meetings where owners have built without a permit. The Committee and Staff welcomed the inclusion.
7 Next Meeting
The next meeting will be Thursday, June 20,2019 at 1:00pm in Council Chambers, City Hall.
8. Adjournment
Moved By Councillor E. Yeo Seconded By S. Richardson
That the meeting be adjourned at 2:51pm
Garried
Mark LaHay, Acting -Treasurer
15 16
The Corporation of the City of Kawartha Lakes Committee of Adjustment Report – White Report Number COA2019-034
Public Meeting Meeting Date: June 20, 2019 Time: 1:00 pm Location: Council Chambers, City Hall, 26 Francis Street, Lindsay
Ward: 4 – Geographic Township of Eldon
Subject: The purpose and effect is to request relief from the following in order to permit the construction of a detached garage/shop building: 1. Section 3.1.2.1 to permit an accessory building in the front yard where it is only permitted in an interior side or rear yard; 2. Section 3.1.3.1 to increase the maximum lot coverage requirement for all accessory buildings and structures from 125 square metres to 220 square metres; and 3. Section 3.1.3.2 to increase the maximum height requirement for an accessory building from 5 metres to 6 metres. The variances are requested at 467 Sandhills Road, geographic Township of Eldon (File D20-2019-023).
Author: Quadri Adebayo, Planner II Signature:
Recommendations: Resolved That Report COA2019-034 White, be received;
That minor variance application D20-2019-023 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: 1) That the construction of the detached garage/shop building related to this approval shall proceed generally in accordance with the sketch in Appendix C and elevations in Appendix D submitted as part of Report COA2019-034, which shall be attached to and form part of the Committee’s Decision. Any deviation from these specifications will require review by the City and may necessitate further approvals to be granted by the City and/or any other governing agency, body or authority, where applicable; 2) That the owner acknowledge through the granting of this approval that the accessory structure shall not be used for human habitation, nor shall it be
17 Report COA2019-034 D20-2019-023 Page 2 of 5
connected to water or septic facilities. Similar wording shall be placed on the required building permit; 3) That as part of the building permitting process for the proposed detached garage/shop, the sugar shack located in the front yard between the front (eastern) wall of the dwelling and the front lot line be relocated in a compliant manner or removed from the property to the satisfaction of the Chief Building Official upon the complete construction of the detached garage/shop building; 4) That as part of building permitting process, there be a requirement that the steel storage container and the sawmill cover structure located in the front yard between the front (eastern) wall of the dwelling and the front lot line, including the ice hut located in northerly side yard between the north wall of the dwelling and the northerly side lot line shall be removed from the property to the satisfaction of the Chief Building Official upon the complete construction of the detached garage; and 5) That the building construction related to the minor variance shall be completed within a period of twenty-four (24) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection. This approval pertains to the application as described in report COA2019- 034. Fulfillment of all conditions is required for the Minor Variances to be considered final and binding. Background: According to MPAC data the existing dwelling with an attached garage on the property was built circa 1989 (MPAC). This suggests that the residential lot may have been created around the same period. Currently, there are six (6) accessory buildings on the property which accounts for approximately 121.83 square metre thus: a wood shed (Building 2), a shed (Building 3), a sugar shack (Building 6), a steel storage container, a sawmill cover, and an ice hut. Through this application, the applicant is proposing to remove some of the accessory buildings and keep buildings 2, 3 and 6 in conjunction with the proposed detached garage/storage building.
Proposal: To construct an approximately 185 square metre (1,990 square foot) detached garage/shop building
Owners: Patricia and William White
Applicant: Patricia White
Other: Doug Carroll, D.C. Planning Services Inc. (Applicant’s Representative)
18 Report COA2019-034 D20-2019-023 Page 3 of 5
Legal Description: Part Left North-Half of Lot 8, Concession 8, Part 1, 57R-5396, geographic Township of Eldon, now City of Kawartha Lakes
Official Plan: Prime Agricultural in the City of Kawartha Lakes Official Plan
Zone: Agricultural (A1) Zone within the Township of Eldon Zoning By- law 94-14
Site Size: 0.69 hectares (1.72 acres)
Site Servicing: Private individual well and septic systems
Existing Uses: Residential
Adjacent Uses: North, West and South: Agricultural;
East: Sandhills Road, Agricultural
Rationale: In accordance with Section 7.2.1.7 of the geographic Township of Eldon Zoning by-law, for lots within the A1 Zone that are equal to or less than one hectare, the zoning provisions applicable to a Rural Residential Type One (RR1) Zone applies to 467 Sandhills Road.
1) Are the variances minor in nature? Yes And 2) Is the proposal desirable and appropriate for the use of the land? Yes
The detached garage/shop building is proposed to be situated on a heavily treed rural property. The inability of locating the proposed building in a compliant yard appears to be limited by the existence of a septic system at the rear of property. Also, the northerly side yard does not appear to have sufficient room to accommodate the elaborate size of the proposed structure. Added to the space constraint is that the portion of the yard already contains a wood shed and a wood boiler. Further, the location proposed for the detached garage/shop building appears to be suitable since it will be replacing the sawmill cover structure where the ground has already been landscaped with gravel that connects to the driveway. The driveway linkage is also anticipated to enable easy access to and from the proposed building.
With regards to the relief requested for the increased height, the applicant’s representative states that the property owner runs a welding and large equipment repair business. As the information provided to staff suggests that the detached garage/shop building is to function as storage, it is anticipated that more headroom may be required to store large vehicles. In all other respects, accessory buildings of this scale and metal clad design are typical in rural residential settings that are primarily surrounded by agricultural uses. The massing of the structure is also not anticipated to be discernible since the
19 Report COA2019-034 D20-2019-023 Page 4 of 5
vegetation on the property would provide sufficient buffering and masking of the structure from the road. Similarly, an increment of 95 square metres over the maximum total floor area of 125 square metres allowed for all accessory building could be considered minor as the proposal would only be comparatively increasing the existing coverage from approximately 1.8% to 3.2%, where a maximum of 10% total lot coverage is permitted for all accessory buildings. Based on this, the variances are minor as well as desirable and appropriate for the use of the land.
3) Do the variances maintain the intent and purpose of the Zoning By-law? Yes As mentioned in Rationale 1 and 2 above, the proposed total lot coverage for all accessory buildings permitted would still be met, as the proposal would only be comparatively increasing the existing coverage from 1.8% to 3.2%, where a maximum of 10% total lot coverage is allowed. In light of this, the removal of the steel storage container, the sawmill cover and ice hut currently on the property have been included as a condition of approval. The existing site constraints also appear to limit the ability to locate the proposed structure in a compliant yard portion. Although the height proposed structure is over the maximum allowed, the accessory use function of the building is anticipated to prevail. Condition 2 has also been placed to ensure this. In all other respects, considering that the proposed footprint will comply with setback and spatial separation requirements, the applicant has reasonably demonstrated that it is possible to develop the lot. Following the above, the variances maintain the general intent and purpose of the Zoning By-Law.
4) Do the variances maintain the intent and purpose of the Official Plan? Yes The property is designated Prime Agricultural in the City of Kawartha Lakes Official Plan. Residential dwellings and accessory buildings are anticipated within this designation. Thus, the proposal maintains the general intent and purpose of the City’s Official Plan.
Other Considerations: The applicant’s representative has assured staff in an email of the following: - That the use of the proposed detached garage/shop will function as an accessory storage building for the permitted residential use on the lot; - That no commercial welding or mechanical repair takes place in the existing dwelling or elsewhere on the lot. There is no intention that any client will bring their machinery to the new detached garage/shop building;
20 Report COA2019-034 D20-2019-023 Page 5 of 5
- That given the home occupation provisions in the by-law which permits the home occupation use to account for a maximum of 25% of the gross floor area of the dwelling whether it is operated within a dwelling or within an accessory structure, the administrative function of the welding & large equipment repair business is wholly contained within 12% of the existing dwelling; - That all commercial welding and mechanical repair is conducted off-site at the properties which contain the large equipment on which Mr. White works; and - That although the use of the existing wood cutting (sawmill) will not cease, because it is used to process wood from a separate bush-lot, for the owner’s firewood for the boiler furnace. It will not have a permanent cover.
Servicing Comments: The property is serviced by private individual well and septic systems
Consultations: Notice of this application was circulated in accordance with the requirements of the Planning Act. Comments have been received from:
Agency Comments: Building Division – Building Inspection/Plans Examiner (June 5, 2018): No concerns.
Public Comments:
None as of June 10, 2019.
Attachments:
Appendices A-E to Report COA2019-034.pdf Appendix A – Location Map Appendix B – Aerial Photo Appendix C – Applicant’s Sketch Appendix D – Perspective/Elevation Drawings Appendix E – Department and Agency Comments
Phone: 705-324-9411 extension 1367 E-Mail: [email protected] Department Head: Chris Marshall, Director of Development Services Department File: D20-2019-023
21 APPENDIX: A to
REPORT COA2019-034
FILE NO: D2O-2OL9-O23 D20-20L9-023
Geographic Township of Eldon
Concession 8 Concession 9
Lot 9
SU BJ ECT LAN D
-o E Lot 8 # -c Ec (o rt)
Lot 7
22 APPENDIX: B to
REPORT COA2019-034
FILE NO: D2O-20t9-023
K\x\i:'1:ry Grorr,rATrcs MRpprruG 467 Sandhills Road, geographic Township of Eldon
os2 This map is a user generated static output from an lnternet mapping siie and Kilometers 108-11 is for reference only Data layers tirat appear on this map may or may nct be WGS_1 984_Web_Mercator_Auxiliary_Sphere accurate. curent. or othen'rise reliable. :, Cirt Of Karartha i.-akes ^. TI.I15 I,]IAP IS NOT TC SE USED FOR COI,{MERCIAI- OR I-EGAL PUPCSES
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r.lclols uBld olls ffi:oNlll ffi-6-TOZVO5 ruodlu ol 5 :xtcruraav 24 APPENDIX: D to
REPORT coA2019-034
FILE NO: D20-20L9-O23
Pers pective/Elevation Drawi ngs
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25 QuadriAdebayo
From: Derryk Wolven Sent: Wednesday, June 05, 20L9 2:28 PM To: Cha rlotte C rockfo rd-Toomey Subject: CofA
Building division has the following comments
D20-2019-023 No concerns D2O-2019-024 Spatial separation requirements of OBC may restrict amount of glazing D2O-2019-025 No concerns D20-2019-026 No concerns D20-201 9-027 No concerns
Kind regards
Derryk Wolven, CBCO Plans Examiner Development Services, Building Division, City of Kawartha Lakes
7 OS -324 -9 4 1 1 exl. 1 27 3 vottw. kawa rth a I a kes. ca I$rvAer@ fl*.
26
The Corporation of the City of Kawartha Lakes Committee of Adjustment Report –Alldridge Report Number COA2019-035
Public Meeting Meeting Date: June 20, 2019 Time: 1:00 pm Location: Council Chambers, City Hall, 26 Francis Street, Lindsay
Ward: 2 – Geographic Township of Somerville
Subject: The purpose and effect is to request relief from Section 5.2(e) to reduce the minimum flankage yard from 7.5 metres to 1.5 metres to permit an addition to a single detached dwelling. The variance is requested at 202 Moorings Drive, geographic Township of Somerville (File D20-2019-024).
Author: David Harding, Planner II Signature:
Recommendation: Resolved That Report COA2019-035 Alldridge, be received;
That minor variance application D20-2019-024 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: 1) That the construction of the addition to the dwelling related to this approval shall proceed substantially in accordance with the sketch in Appendix C of Report COA2019-035, which shall be attached to and form part of the Committee’s Decision; and 2) That the building construction related to the minor variance shall be completed within a period of twenty-four (24) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection. This approval pertains to the application as described in report COA2019- 035. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.
27 Report COA2019-035 D20-2019-024 Page 2 of 4
Background: The application was deemed complete on May 7, 2019.
Proposal: To construct an addition measuring approximately 2.44 x 3.81 metres (8’ x 12’6”) to a cottage.
Owners: Wayne and Brian Alldridge
Applicant: Doug Van Halteren, Van Halteren Brothers Corporation Ltd.
Legal Description: Part West Half of Lot 24, Concession 1, Part 1, 57R-5054 geographic Township of Somerville, now City of Kawartha Lakes
Official Plan: Waterfront within the City of Kawartha Lakes Official Plan
Zone: Limited Service Residential – Floodplain (LSR(F)) Zone within the Township of Somerville Zoning By-law 78-45.
Site Size: 1,618.7 square metres
Site Servicing: Private Individual Well and Sewage System
Existing Uses: Shoreline Residential
Adjacent Uses: North, South: Shoreline Residential East: Forest/Wetland West: Burnt River
Rationale:
1) Is the variance minor in nature? Yes And 2) Is the proposal desirable and appropriate for the use of the land? Yes The lot is located within an established shoreline residential neighbourhood at the base of the Burnt River. The neighbourhood contains a mix of seasonal and permanent dwellings. The dwelling on the subject property is located near and at an angle to the south lot line. The south lot line abuts the unopened road allowance separating the former Townships of Somerville and Fenelon. This road allowance is forested. The addition will allow for a modest expansion to the dwelling on the portion of the southern wall furthest away from the south lot line. The flankage yard functions as an interior side yard since the road allowance the yard abuts is not travelled. An interior side yard functions primarily as a place to store/place items to assist in the function of the home and/or lot, provide for passage between the front and rear yards, and serve as a space
28 Report COA2019-035 D20-2019-024 Page 3 of 4
where maintenance can be conducted on the dwelling. There remains sufficient space for the yard to provide for these more utilitarian functions. The addition is proposed in a space that appears little-used. The proposed addition will allow for the better utilisation of space within this area. Due to the above analysis, the variance is considered minor in nature and desirable and appropriate for the use of the land.
3) Does the variance maintain the intent and purpose of the Zoning By-law? Yes The lot is zoned Limited Service Residential (LSR) Zone and has a floodplain (F) symbol. The F symbol stipulates additional flood proofing requirements. As the lot abuts two road allowances, it is considered a corner lot. A flankage yard setback provides for the protection of land for road widenings for the installation/expansion of services, by shaping the streetscape by regulating the placement of buildings, and to maintain sight lines. In this case, the flankage yard functions as an interior side yard as the road allowance it abuts is unopened and cannot be travelled by the public due to the presence of thick vegetation. As such, and in light of the comments provided, there is no reason to protect for a greater setback from the unopened road allowance. An interior side yard serves primarily as a space for utilitarian functions, such as providing for lot and building maintenance, and to facilitate access between the rear and front yards. Sufficient space remains within the south yard for the flankage yard to serve this role. The variance maintains the general intent and purpose of the zoning by-law.
4) Does the variance maintain the intent and purpose of the Official Plan? Yes The property is designated Waterfront within the City of Kawartha Lakes Official Plan. Residential uses are anticipated within this designation. The variance maintains the general intent and purpose of the official plan.
Other Alternatives Considered: No other alternatives have been considered at this time.
Servicing Comments: The property is serviced by a private individual well and septic system.
Consultations:
Agency Comments: Notice of this application was circulated in accordance with the requirements of the Planning Act. Comments have been received from:
29 Report COA2019-035 D20-2019-024 Page 4 of 4
Community Services Department (June 10, 2019): No concerns. Engineering and Corporate Assets Department (June 10, 2019): No concerns. Building Division – Part 8 Sewage Systems (June 10, 2019): No concerns. Building Division (June 5, 2019): Spatial separation requirements of the Ontario Building Code may restrict the amount of glazing. Kawartha Region Conservation Authority (June 7, 2019): No concerns. Finished floor elevation for the addition should be 256 mASL.
Public Comments: No comments received as of June 10, 2019.
Attachments:
Appendices A-D to Report COA2019-035.pdf Appendix A – Location Map Appendix B – Aerial Photo Appendix C – Applicant’s Sketch Appendix D – Elevation Drawings Appendix E – Department and Agency Comments
Phone: 705-324-9411 extension 1206 E-Mail: [email protected] Department Head: Chris Marshall, Director of Development Services Department File: D20-2019-024
30 ,, II APPENDIX A to
REPORT COA201"9-035
FILE NO: D2O-2OL9-O24 Geographic Township of Somerville
Burnt River coN. 1
Lot 25 Lot 24 Lot 23
SUBJECT Goose LAND Lake
o z z o o (') o Q. N cf) o Rd
cf) o Cameron Lake
Geographic ownship of Fenelon
31 prur:'l1p G ro luarrcs 202 geographic fvl np p ttrc Moorings Drive, Twp. of $omerville
'Tr7> rnT'EFm! Oiim V-{U=Fz 0 r') = oN) o I N) N) 0.08 This map is a user generated static output from an internat mapping site and o o @ lJ lJ mKjlometers is for reference only. Data layers that appear on this map may or may not be (0 (.o TONiN^^. I WGS_1 984_Web_Mercator*Auxiliary_Sphera accurate. curredt, or otheRise reliable. OI o r? Cig 0f Kmartha Lakes THIS M,AP IS NOT TO 8E USED FOR COMMERCIAL OR LEGAL PUPOSES N q) 5 (,
32 U APPENDIX C to
REPORT coA2019-035
FILE NO: D20-2019-O24 o"t '/6 {6 e+ a4eQ **t ,{O a) ci t I 'ct l 08 v .6 J z : ,a J> \r o (> fts .ts a t- L! o $l cJ ? t) ,4 r) U; 6 -Qr 1- t- tu o, o o .e a trt 4 I lrf i.; I t \+- r. " lJ "; !-: ld () 3 hi) g t B z F 6 0:, _t F -b o o Ld -tc A l() J t q o J m :q (' ) t r} j vi ,r + 'd o-*' '.- f\ il \. .q t + v z nl ) )r q. o 2 nl . \ _ -1 \s KJ €<.^ *l ' t-- j".{ gT A' at .g t) o () t/, ca $ c ,0 i i :? 9 ,J -J r- t- u + o z .J q> LrJ * ro '59 tr I z o trj t ! ('l I .J UT d Lr- h : Ln, -J ro N tP f1 N $ $ c{ u3AO j 9'
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33 il AFPHT.TEIX D to HEPORT Ca:fi?ta-o:t
pZE ,t FILE t',!'3. -zctq-oz KAWARTHA CONSER\/ATIBN Discove., Protect' Reslore
June 7. 2019 Minor Variq.pce KRCA: Comments
D2O'2O79-O24'2O2 Moorings Dr, Lot 24, Concession 1, Sommerville, City of Kawartha Lakes
The property is outside of lands regulated by KRCA under Ontario Regulation L82/96;therefore no permits are required. ln accordance with the Memorandum of Understanding (MOU) with KRCA regarding Natural Heritage and Natural Hazards, the property is within an area of an extended planning agreement The finished floor elevation for the proposed addition should be 256mASL.
Erin McGregor Planning and Permitting Assistant KAWARTHA CONSERVATION 277 Kenrei Road Lindsay, ON KgV4R1
KAWARTHA CONSERVATION 277 Kenrei Road, Lindsay, ON KgV4R1 7 05.328.227 1 Fax 7 O5,32A.2286 Kawarth aConservation,com Our Walerh.d Pttln.B: @ C@arvilirD ONIA ftIO
34 David Hardinq
From: Mark LaHay Sent: Monday, June l-0, 2019 8:58 AM To: David Harding Cc: Cha rlotte Crockford-Toomey Subject: FW: D20-20L9-024 - 202 Moorings Drive
FYI - file
From: Anne Elmhirst Sent: Sunday, June 09, 2019 11:19 PM To: Mark LaHay Subject: D20-2019-024 - 202 Moorings Drive
Hello Mark,
I have received and reviewed the application for Minor Variance, D20-2019-024. to request relief to reduce the minimum clearance setbacks to permit an addition on the single detached dwelling at2O2 Moorings Drive.
This property has been reviewed through the Sewage System Review process to ensure the proposal will not cause issue with the existing on-site sewage disposal system serving the dwelling. The proposed addition will not be within the required clearance distances to the sewage system, nor will it cause any performance issues for the system.
As such, the Building Division - Sewage System Program has no objection to the proposed minor variance request.
Best Regards,
Anne Elmhirst C.P.H.l.(C), B.A.Sc., B.Sc. Supervisor - Part 8 Sewage Systems Development Services - BuiHing Division, City of Kawartha Lakes 7 05-324-941 1 ext 1 882 www. kawarthalakes.ca If'vAftTH#
1 35 Charlotte Crockford -Toomev
From: Kirk Timms Sent: Monday, June 10, 2Ot9 L2:56 PM To: Mark LaHay Cc: Christina Sisson; Charlotte Crockford-Toomey Subject: D20-20L9-024, 202 Moorings Drive, Somervi I le
Please see the message below from Christina Sisson:
Good Afternoon Mark - further to our engineering review of the following:
Minor Variance - D20-20 1 9-024 202 Moorings Drive Part West Half of Lot24, Concession 1, Part 1, 57R-S054 Geographic Township of Somerville
It is the understanding by Engineering that the purpose and effect is to request relief from Section 45(1) to reduce the minimum flankage yard 7.5 metres to 1.5 metres in order to permit an addition to a single detached dwelling.
From an engineering perspective, we have no objection to the ptoposed MinorVariance.
Please do not hesitate to contact our office if you have any questions.
Thanks,
CHRISTINA
Christina Sisson, P.Eng. Supervisor, Development Engineering Engineering & Corporate Assets, City of Kawartha Lakes 7 05-324-941 1 ext. 1 1 52 www.kawarthalakes.ca 6ru'^nnr1$
1
36 David Hardinq
From: Derryk Wolven Sent: Wednesday, June 05, 20L9 2:28 PM To: Charlotte Crockford-Toomey Subiect: CofA
Building division has the following comments:
D2O-2019-023 No concerns D20-2019-024 Spatial separation requirements of OBC may restrict amount of glazing D20-2019-025 No concerns D2O-2019-026 No concerns D20-2019-027 No concerns
Kind regards
Derryk Wolven, CBCO Plans Examiner Development Services, Building Division, City of Kawartha Lakes 7 05-324-941 1 ert. 127 3 wvtw. kawarthalakes. ca I6rvemu@
1 37 The Corporation of the City of Kawartha Lakes Community Services [Sw,tRT 50 Wolfe Street Lindsay, Ontario KgV 2J2 Tel: 705-324-9411 ext 1300 Toll Free: 1 -888-822-2225
ld on ne I lv@ kawa rtha lakes. ca www.kawarthalakes.ca LeAnn Donnelly, Executive Assistant, Community Services
MEMORANDUM
DATE: June 10,2019
TO Gommittee of Adjustment
FROM: LeAnn Donnelly, Executive Assistant, Community Services
RE Minor Variance - Various Applications
This memorandum confirms receipt of various applications to the Community Services Department and is intended to advise that our Department has no comments or concerns to offer the Committee with respect to the following minor variance applications:
D20-2019-021 18 Baker Blvd. Laxton D20-2019-023 467 Sandhills Road, Eldon D20-2019-024 202 Moorings Drive Somerville D20-2019-025 80 Mcleish Drive, Dalton D20-2019-026 64 Sturgeon Crescent, Fenelon D20-2019-027 15 Courtney Lane, Verulam
1..4"" O* "U7
LeAnn Donnelly Executive Assistant, Community Services
38
The Corporation of the City of Kawartha Lakes Committee of Adjustment Report – Sherar Report Number COA2019-036
Public Meeting Meeting Date: June 20, 2019 Time: 1:00 pm Location: Council Chambers, City Hall, 26 Francis Street, Lindsay
Ward: 1 – Geographic Township of Dalton
Subject: The purpose and effect is to request relief from Section 5.2(g) to reduce the minimum water setback from 30 metres to 24.5 metres and Section 5.2(f) to reduce the minimum flankage yard from 7.5 metres to 4 metres to permit the construction of a new single detached dwelling. The variances are requested at 80 McLeish Drive, geographic Township of Dalton (File D20-2019-025).
Author: David Harding, Planner II Signature:
Recommendation: Resolved That Report COA2019-036 Sherar, be received;
That minor variance application D20-2019-025 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: 1) That the construction of the dwelling related to this approval shall proceed substantially in accordance with the sketch in Appendix C and elevations in Appendix D submitted as part of Report COA2019-036, which shall be attached to and form part of the Committee’s Decision; 2) That prior to the issuance of a building permit, the owners shall submit written confirmation from the Building Division – Part 8 Sewage Systems that an on-site sewage system can be installed to accommodate the proposed construction; and 3) That the building construction related to the minor variances shall be completed within a period of twenty-four (24) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection.
39 Report COA2019-036 D20-2019-025 Page 2 of 5
This approval pertains to the application as described in report COA2019- 036. Fulfillment of all conditions is required for the Minor Variances to be considered final and binding. Background: The application was deemed complete May 7, 2019, and has gone through many revisions since the original pre-screening application filed in November 2016 to comply with staff and Kawartha Region Conservation Authority direction.
Proposal: To replace an approximately 98 square metre one storey cottage with an approximately 202.6 square metre one storey cottage.
Owners: Shane and Barbara Sherar
Legal Description: Part of Lot 17, Plan 313, Part Shore Road Allowance, Part 1, 57R-10642, geographic Township of Dalton, now City of Kawartha Lakes
Official Plan: Waterfront within the City of Kawartha Lakes Official Plan
Zone: Rural Residential Type Three (RR3) Zone within the Towship of Dalton Zoning By-law 10-77.
Site Size: 2,043.7 square metres
Site Servicing: Private individual sewage system and lake-based water supply.
Existing Uses: Shoreline Residential
Adjacent Uses: North: Forest/Rural South: Young Lake: East, West: Shoreline Residential
Rationale:
1) Are the variances minor in nature? Yes And 2) Is the proposal desirable and appropriate for the use of the land? Yes The lot is within a shoreline residential neighbourhood occupied by seasonal and permanent dwellings. The property is much deeper than it is wide, and contains a cottage and detached garage with storage loft. Through discussions with the owners during the pre-screening process, it was determined that the water level of Young Lake can fluctuate greatly through the seasons, and has been known to overtop the retaining wall separating the beach from the rest of the property, coming up to and around a portion of the foundation of the existing cottage.
40 Report COA2019-036 D20-2019-025 Page 3 of 5
The new proposed dwelling is located completely behind the existing cottage, close to the existing detached garage, in order to pull it completely away from the site which experiences occasional flooding. This has the benefit of (1) complying with the intent of the zoning by-law (see Test 3), and (2) providing more rear yard amenity space for the attenuation and infiltration of floodwater and storm water runoff, providing for more space to establish shoreline vegetation to increase the ecological health of the lake, and grouping the built form on the lot together. By clustering the detached garage and dwelling together, it is anticipated that the interactions between them will increase, therefore increasing the functionality and use of the garage. Locating the buildings close to one another also ensures the preservation of sizeable and useable yard space that may otherwise be lost if the buildings were somewhat further apart, which would create smaller, less-useable yard spaces. From the above analysis, the variances are desirable and appropriate for the use of the land and minor in nature.
3) Do the variances maintain the intent and purpose of the Zoning By-law? Yes The lot is zoned Rural Residential Type three (RR3) Zone within the Township of Dalton Zoning By-law 10-77. Within the RR3 Zone category, residential uses are permitted. The function of the water setback is to provide sufficient spatial separation in order to avoid flood damage to buildings and/or loss of life, provide recreational amenity space, provide sufficient area for infiltration of runoff, and provide sufficient space to establish natural shoreline vegetation to assist with the ecological health of the lake. The water setback is proposed to move from approximately 8.5 metres to 24.5 metres, a substantial increase which will greatly improve the depth of the rear yard, and therefore its ability to function as the by-law intends. As the lot abuts two road allowances, it is considered a corner lot. A flankage yard setback provides for the protection of land to maintain sight lines, road widenings for the installation/expansion of services and by shaping the streetscape by regulating the placement of buildings. In this case, the flankage yard functions as an interior side yard as the road allowance it abuts is vegetated, and provides access for residents to launch boats. An interior side yard serves primarily as a space to place utilitarian uses, provide for lot and building maintenance, and facilitates access between the rear and front yards. The proposed flankage yard distance of 4 metres is of sufficient space to serve this role. The variance maintains the general intent and purpose of the zoning by-law.
41 Report COA2019-036 D20-2019-025 Page 4 of 5
4) Do the variances maintain the intent and purpose of the Official Plan? Yes The property is designated Waterfront within the City of Kawartha Lakes Official Plan. Low density residential uses, along with accessory uses, are anticipated within this designation. As per policy 3.11, the intent of the Official Plan is that development maintains a minimum setback of 15 metres from the shoreline in order to avoid natural hazards which may result in loss of life and/or loss of property, and provide environmental buffers in order to maintain and improve water quality and habitat. Where possible, development is encouraged to maintain a 30 metre water setback. In this instance, the placement of the garage prevents the dwelling from being moved further north without demolishing the garage or placing the dwelling on the north side of the garage, which in turn would impact the space available for a sewage system. The dwelling has been moved as far as possible from the shoreline without requiring the removal of the garage nor impacting the potential new tile bed location. In consideration of the above, the variance maintains the general intent and purpose of the Official Plan.
Other Alternatives Considered: Staff have worked with the applicant to move the proposed dwelling away from the shoreline as much as possible in order to provide for a more sizeable water setback.
Servicing Comments: The lot is serviced by a private individual sewage system, which will need replacement to accommodate the dwelling, and a lake-based water supply.
Consultations: Notice of this application was circulated in accordance with the requirements of the Planning Act. Comments have been received from:
Agency Comments: Engineering and Corporate Assets Department (June 10, 2019): No concerns. Community Services Department (June 10, 2019): No concerns. Kawartha Region Conservation Authority (June 7, 2019): No concerns. Building Division – Part 8 Sewage Systems (June 5, 2019): The dwelling is proposed over top of the existing sewage system. The property must be reviewed to determine that a new on-site sewage system can be installed for the new construction. Staff had a further conversation with this office, and they are supportive of the application provided condition 2 is placed in Committee’s decision.
42 Report COA2019-036 D20-2019-025 Page 5 of 5
Building Division (June 5, 2019): No concerns.
Public Comments: No comments received as of June 10, 2019.
Attachments:
Appendices A-E to Report COA2019-036.pdf Appendix A – Location Map Appendix B – Aerial Photo Appendix C – Applicant’s Sketch Appendix D – Elevation Drawings Appendix E – Department and Agency Comments
Phone: 705-324-9411 extension 1206 E-Mail: [email protected] Department Head: Chris Marshall, Director of Development Services Department File: D20-2019-025
43 u u APPENDTX A to REPORT COA2019-036
FILE NO: D2O-2O19-O25 Geographic Township of Dalton
o C (s Lot 31 -96= Lot 30 ! (s ol- io o Con. 4 C o o SUBJECT LAND C =
McLeish Drive
Con. 3
Young Lake
44 Ge ouarrcs Kw$THo Maprrrue 80 McLeish Drive, geographic Twp. of Dalton
TIF> =m!m!Tt V-{u-Odmt1 =
0.1 1 This map is a usel generated sHic ouFrjt fiom il lnternet mapping site and (p Kilometers XOfIH^l is for refierence only. Data layers that appear on this map may or may not be WGS_1 984_Web_Mercator-Auxiliary_Sphere accurate, cunent or othsrwise reliable ,e) City Of Kamrtha Lakes THIS MAP IS NOT TO BE USED FOR COMMERCIAL OR LEGAL PUPOSES
45 -u : : 4: z ..! ,l ;9 !rF reiE E EE riI I '9 rgE : i;s iZ iErlE Ei 5, E:AE e! riiEr APPENDIX c 4p I at rE 8l:l rg EJ EF I}BE la E' ilElE i tr i? A& tiz " 3:Ei9$ I EE !EiEE! to !:B: e aese :4 f,isrrs sfi tt El r I ;i EE g!!EEi;, Ps 8 i l5.Er s^ q tt ;;;";; REPORT g;EF str e! I H3 E1 ;;E!I I:EE ?cp0E : tqxgg 6 i:{5 t zl d Ei i:ff I E; i: tt:r p I FILE NO: !E!; I 3; Cgp::rg z IE t ecl E lE rc $E;;iE !p ci I !q5i 6gEE :c 3Eq iiig dzazaa g It E. Ela eHrd 6e!: ES !; aa AT . :5 ; ! !E;r i:6i:!i slEE ? 8EE F4BI gi ) lFl $ilEE i;3; ;g !l fiF Edi: o. ;: a oeE o6 0J i!R
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46 APPENDIX D to REPORT COA2019-036
FILE NO: D2O-2OL9-O25
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47 David Harding
n From: Derryk Wolven APPENDIX Sent; Wednesday, June 05, 20L9 2:28 PM to To: Charlotte Crockford-Toomey Subject: CofA REFORT Co*"e(q -.o3 /
FILE NO. D?-O -Zo(a -Oz{ Building division has the following comments
D20-2019-023 No concerns D20-2019-024 Spatial separation requirements of OBC may restrict amount of glazing D20-2019-025 No concerns D20-2019-026 No concerns D20-201 9-027 No concerns
Kind regards
Derryk Wolven, CBGO Plans Examiner Development Services, Building Division, City of Kawartha Lakes 7 05-324-941 1 ext. 127 3 www. kawarthalakes.ca I+1{,ARiils
1 48 David Harding
From: Anne Elmhirst Sent: Wednesday, June 05, 2019 5:07 PM To: David Harding Subject: D20-2OL9-025 - 80 Mcleish Dr
Hello David,
I have received and reviewed the minor variance proposal D20-2019-025 to remove the existing 1 storey dwelling at 80 Mcleish Drive and replace it with a new 1 storey dwelling in a location further from the lake.
I have located a sewage system use permit for this property which indicates the system in the area of the proposed new dwelling. As the construction of the new dwelling in this location will not meet the requirements of the Ontario Building Code for setbacks and operation, I cannot support this proposal.
The owner may wish to submit an Application for a Sewage System Permit to review the property to ensure an on-site sewage system can be installed to accommodate the new build.
Should you have any questions or concerns, please do not hesitate to contact me.
Best Regards,
Anne Elmhirst C.P.H.|.(C), B.A.Sc., B.Sc. Supervisor - Part 8 Sewage Systems Development Services - Building Division, City of Kawartha Lakes 7 05-324-941 1 ext. 1 882 www. kawarthalakes.ca I6h,ARrH{S
I 49 KAWARTHA CENSERVATIT]N Discover ' Protect 'flestore
June 7. 2019 KRCA Minor Variance: Comments
D20'2OL9-O25 - 80 McLeish Dr, lot 17 (west], Concession 3, Geographic Township of Dalton, City of Kawartha lakes
The property is outside of lands regulated by KRCA under Ontario Regulation t82/O6;therefore no permits are required. ln accordance with the Memorandum of Understanding (MOUlwith KRCA regarding Natural Heritage and Natural Hazards, the property is within an area of an extended planning agreement KRCA has no objections.
Erin McGregor Planning and Permitting Assistant KAWARTHA CONSERVATION 277 Kenrei Road Lindsay, ON KgV4R1
KAWARTHA CONSERVATION 277 Kenrei Road, Lindsay, ON KgV 4Rl 1 A5 328.227 1 Fax 7OE 32a.2286 KawarthaConssrvalion,com
Ou, W.le6had Pa'tn.Et g oNrA*t()
50 Charlotte Crockford-Toomey
From: Kirk Timms Sent: Monday, June 10, 2019 1:01 PM lo: Mark LaHay Cc: Christina Sisson; Charlotte Crockford-Toomey Subject: D2O-20L9-025, 80 McLeish Drive, Dalton
Please see the message below from Christina Sisson:
Good Afternoon Mark - further to our engineering review of the following {inor Variance - D20-2A19-025 d0 Mcleish Drive Part Lot 17, Plan 313, Part Shore Road Allowance, Part 1, 57R-10642 Geographic Township of Dalton
It is the understanding by Engineering that the purpose and effect is to request relief from Section 45(1) to reduce the minimum water setback from 30 metres to24.5 metres and to reduce the minimum flankage yard from 7.5 metres to 4 metres in order to permit the construction of a new single detached dwelling.
From an engineering perspective, we have no objection to the proposed Minor Vaiance.
Please do not hesitate to contact our office if you have any questions.
Thanks,
CHRISTINA
Christina Sisson, P.Eng. Supervisor, Development Engineering Engineering & Corporate Assets, City of Kawartha Lakes 7 05-324-941 1 ext. 1 1 52 www.kawarthalakes.ca f,irit*ttfr' \at
Kirk Timms, G.E.T., CAN-CISEC Senior Engineering Technician Engineering and Corporate Assets, City of Kawartha Lakes 705-324-9411 exl. 1119 www.kawarthalakes.ca r\K,rrr,rt.ttr.rdb v+
1
51 The Corporation of the City of Kawartha Lakes Community Services I@wnRT 50 Wolfe Street Lindsay, Ontario KgV 2J2 Tel: 705-324-9411 ext 1300 -={rr Toll Free: 1 -888-822-2225 ldon nelly@kawarthalakes. ca www.kawarthalakes.ca LeAnn Donnelly, Executive Assistant, Community Services
MEMORANDUM
DATE: June 10,2019
TO Gommittee of Adjustment
FROM: LeAnn Donnelly, Executive Assistant, Community Services
RE Minor Variance - Various Applications
This memorandum confirms receipt of various applications to the Community Services Department and is intended to advise that our Department has no comments or concerns to offer the Committee with respect to the following minor variance applications:
D20-2019-021 18 Baker Blvd. Laxton D20-2019-023 467 Sandhills Road, Eldon D20-2019-024 202 Moorings Drive Somerville D20-2019-025 80 Mcleish Drive, Dalton D20-2019-026 64 Sturgeon Crescent, Fenelon D20-2019-027 15 Courtney Lane, Verulam
1..4"" On,r^tl\
LeAnn Donnelly Executive Assistant, Community Services
52
The Corporation of the City of Kawartha Lakes Committee of Adjustment Report – Hastie Report Number COA2019-037
Public Meeting Meeting Date: June 20, 2019 Time: 1:00 pm Location: Council Chambers, City Hall, 26 Francis Street, Lindsay
Ward: 1 – Geographic Township of Fenelon
Subject: The purpose and effect is to request relief from Section 13.2.1.3 to reduce the minimum side yard requirement from 2.3 metres to 1.9 metres in order to permit the construction of an addition (an attached garage) onto a two-storey dwelling. The variance are requested at 64 Sturgeon Crescent, geographic Township of Fenelon (File D20-2019-026).
Author: Quadri Adebayo, Planner II Signature:
Recommendations: Resolved That Report COA2019-037 Hastie, be received;
That minor variance application D20-2019-026 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: 1) That the construction of the addition to the dwelling related to this approval shall proceed generally in accordance with the sketch in Appendix C and elevations in Appendix D submitted as part of Report COA2019-037, which shall be attached to and form part of the Committee’s Decision. Any deviation from these specifications will require review by the City and may necessitate further approvals to be granted by the City and/or any other governing agency, body or authority, where applicable; and 2) That the building construction related to the minor variance shall be completed within a period of twenty-four (24) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection. This approval pertains to the application as described in report COA2019- 037. Fulfillment of all conditions is required for the Minor Variances to be considered final and binding.
53 Report COA2019-037 D20-2019-026 Page 2 of 5
Background: This application proposes to construct an attached garage onto an existing two-storey single detached residential dwelling. The proposed development will add a third-bay to the existing two- bay attached garage. The applicant has advised that one of the existing bays is partially occupied by the laundry room/laundry facilities which leaves only one bay space for parking, and that a third bay will function to accommodate supplementary parking space for one of the dwelling occupants due to their physical accessibility needs. The proposed attached garage will increase the size of the house with a reconfigured footprint. This application was deemed complete May 15, 2019.
Proposal: To construct an approximately 26 square metre (85 square foot) attached garage onto an approximately 265.5 square metre (871 square foot) dwelling.
Owners: William and Charlotte Hastie
Applicant: Garry Newhook – Garfield Design
Legal Description: Part Lot 3, Concession 8, Plan 593, Lot 12, geographic Township of Fenelon, now City of Kawartha Lakes
Official Plan: Waterfront within the City of Kawartha Lakes Official Plan
Zone: Residential Type Three Exception Two (RR3-2) Zone within the Township of Manvers Zoning By-law 12-95
Site Size: 0.58 acres (2,327 square metres)
Site Servicing: Private individual well and septic systems
Existing Uses: Residential
Adjacent Uses: North: Residential, Agricultural
West: Sturgeon Crescent, Residential
South: Residential
East: Agricultural
54 Report COA2019-037 D20-2019-026 Page 3 of 5
Rationale:
1) Is the variance minor in nature? Yes And 2) Is the proposal desirable and appropriate for the use of the land? Yes The subject property is situated in an established residential neighbourhood on the east side of Sturgeon Lake. Dwellings within this neighbourhood generally have attached garages as a characteristic design similar to the subject property. The location of the proposed addition has already been developed with concrete pavement and the driveway also extends to this area. Therefore, the footprint limits of the proposed addition is not anticipated to create a negative impact since the area has already been hard-surfaced. Comments received from the Sewage Systems Supervisor also advised that the proposal will not encroach within the boundaries of the existing sewage system. In terms of scale, the massing of the proposed addition aided by the site topography and building design is not anticipated to detract away from the residential character of the neighbourhood. The front wall limits of the addition will not project further than the limits established by the front wall of the southerly neighbouring house, and the proposed location is at a suitable distance from the abutting road. As such, no land use compatibility issues are anticipated. Based on the above analysis, the variance is minor in nature and desirable and appropriate for the use of the land.
3) Does the variance maintain the intent and purpose of the Zoning By-law? Yes The 0.4 metre relief sought from the 2.3 metres allowed, proposed for the addition to the dwelling is not anticipated to impact its function as the scale of the reduction, if granted, is not anticipated to be perceptible. The property carries a Residential Type Three Exception Two (RR3-2) Zone category within the Township of Fenelon Zoning By-law. The Exception Zone category on the property allows for a minimum lot area of 1,998 square metres whereas the property exceeds this requirement with a lot area of 2,327 square metres. Considering the fact that the proposal has not fully exercised the zoning provision privileges, utilizing a lot coverage of 10% from a possible 30% maximum for all buildings on the property, the applicant has reasonably demonstrated that it is possible to develop the lot within the confines of the RR3-2 Zone provisions. As such, the variance maintains the general intent and purpose of the Zoning By-Law.
55 Report COA2019-037 D20-2019-026 Page 4 of 5
4) Does the variance maintain the intent and purpose of the Official Plan? Yes The property is designated Waterfront within the City of Kawartha Lakes Official Plan. The designation anticipates residential uses and ancillary accessory uses. Although the property does not directly abut a waterbody, the proposal follows the Official Plan policies regarding density and massing in the Waterfront designation. The proposed building will presumably maintain a low profile and blend with the natural surroundings. In consideration of the above, the variance maintains the general intent and purpose of the Official Plan.
Other Alternatives Considered: No other alternatives have been considered at this time.
Servicing Comments: The property is serviced by private individual well and septic systems
Consultations: Notice of this application was circulated in accordance with the requirements of the Planning Act. Comments have been received from:
Agency Comments: Building Division – Part 8 Sewage Systems (May 8, 2019): No concerns. See comments.
Public Comments: No comments as of June 6, 2019.
56 Report COA2019-037 D20-2019-026 Page 5 of 5
Attachments:
A pdf document is embedded into this document. Please contact Quadri Adebayo, Planner II at 705-324-9411 extension 1367 to request an alternative format.
Appendices A-E to Report COA2019-037.pdf Appendix A – Location Map Appendix B – Aerial Photo Appendix C – Applicant’s Sketch Appendix D – Elevation Drawings Appendix E – Department and Agency Comments
Phone: 705-324-9411 extension 1367 E-Mail: [email protected] Department Head: Chris Marshall, Director of Development Services Department File: D20-2019-026
57 APPENDIX: A to
REPORT coA2019-037
FILE NO: p20-20L9-026 D20-2019-026
Geographic Township of Fenelon
Sturgeon Lake
Lot 4 Concession 8
SUBJECT LAND
a o) o
Cres
Lot 3
58 APPENDIX: B to
REPORT coA2019-037
FILE NO: D20-20L9-026
Xi**ru@ 6 e onnarrcs Mspprne 64 Sturgeon Crescent, geographic Township of Fenelon
046 This map is a user generated static ou+ut from d litemet mapping site ild Kilometers lrotrill^r is for reference onfy. Daia layers that appear on this map may or may not b€ WGS_1 984_Web_Mercator_Aaxiliary_Sphere accurate. current. or other#ise reliable. :r Citt C,f KMrtha Lak€s THIS MAP IS NOT TO BE USED FOR COMMERCIAL OR LE6AL PUPOSES
59 APPENDIX: C to
REPORT coA2019-037
FILE NO: D20-201-9-026
Site Plan Sketch
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L r N :r
$o _-l i) ol MI !t 6ltt I I tl / N r- -11.i 3m m T_ o IG I ,9 I o $ oc +3. m 3 m ou ir m 3 J 3 $ 1q-b m 8.0ft m N o 1 tJ G\ v m m (t> u tt :J {E . f ID zo l
UI H Fr Ftr ,'rc 7F fi
ProFc#GD194763 113 t{eacfiin Driw Bill Hastle 0 Garfield 7\ Ducford. Ontatu I Et Sturgeon Cescent + Design Ph-70s-738-9508 60 290 sqft Addition Fx-70t738-9509 Undsay IT to Garage FiqF[n] BCIN27737 qarfeld@Fz@m-rEt APPENDIX: D to
REPORT coA2019-037
FILE NO: D20-2079-026
Elevation Drawings
c .e gE,' oI i,q 6 :e EN 'oo o-
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da9q: ELEVATION l^{EgT Eiiie 6EItE
f \-( LAYOUI PAOETABLE c LAEEL lIlLE .*N A.1 PERSPECT|MEVIEV€ 4UN i\ A-2 FLOOR PLAN dz. A-3 SITE PLAN ()6 o
DATE: 5tL4t2Dt9
SCALE: PEffiPE.CflVEEAET 3132"=1' SHEET: PeF'gPECi|veVlEl'1lg A-1
61 Development Services/ Building Division 180 Kent Street West Lindsay ON KgV zYo Tel: 705-324-9411 Ext. 212O 1-888-822-2225 Far 705-324-5514 :€=$% website: May 8, 2019 t
*n lV -.1i.-. . ! .: :i Gary Newhook 113 Meachin Drive, REFORTi(9^'qq*937 Dunsford, ON, ' -:.,. ;t.il KOM 1LO i:ir-E ii.t. U]e:?pt_k'b24
Elear Mr. Newhook,
RE: Construction of an Attached Garage and Three-Season Sunroom 64 Sturgeon Crcs. Lindsay CON 8 PT LOT 3 PIAN 593 LOT ,l2 Former Fenelon Township Gity of Kawartha Lakes File: SS2017-0223 Roll # 1651210050,1503{ Ovuner(s): Bill and Charlotte Hastie
Please be advised we have received and reviewed your application for construction and completed a site visit. Specifically, we reviewed the proposal to construct an addition onto the Garage and Thrce€eason Sunroom, at the above-mentioned property.
A Certificate of Approval was issued for your property (F-37-90). The following items are the total items proposed for the entire property, including this proposal. (Note: This includes guest cabins, bunkies, basements, etc.).
1. Number of Bedrooms - 3 2. Number of Fixture Units - <20 3. Total Living Space - <200 m2 4. Sunroom 2Om'
Based on your application, it would appearthat your plans will not encroach within the boundaries of the existing sewage system serving the dwelling (based on the May 7, 2019 submission), nor will it cause an increase in the total daily sewage flow beyond the capacity of the system components. ln that light, you are not required to install a new sewage system, or upgrade your existing one and, we have no obiection to the proposal.
You should have your septic tank pumped by a licensed sewage hauler and the internal components checked if not done recently. Section 8.9.4.3. Division B of the Ontario
I of2
62 Building Code requires the tank to be cleaned wtren the sludge and scum layers occupy 113 of the operating capacity of the tank.
Please ensure the existing sewage system is protected from vehicles and equipment during construction. Any further addilions on your property will require approvaltrom this office (Part 8 Ontario Building Code).
Should you have any questions or concems please contact the undersigned at (705) 324-9411 ext.2126.
Sincerely
Jessica Lee, (Hons) B.Sc. Env. Building lnspector - Part 8 Development Services - Building Division
Cc. Building lnspector
2of 2
63
The Corporation of the City of Kawartha Lakes Committee of Adjustment Report – Bogdanets Report Number COA2019-038
Public Meeting Meeting Date: June 20, 2019 Time: 1:00 pm Location: Council Chambers, City Hall, 26 Francis Street, Lindsay
Ward: 2 – Geographic Township of Verulam
Subject: The purpose and effect is to request relief from Section 8.2(g) to reduce the minimum rear yard depth from 7.5 metres to 3 metres to permit the construction of an attached garage and screened porch. The variances are requested at 15 Courtney Lane, geographic Township of Verulam (File D20-2019-027).
Author: David Harding, Planner II Signature:
Recommendation: Resolved That Report COA2019-038 Bogdanets, be received;
That minor variance application D20-2019-027 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: 1) That the construction of the additions to the dwelling related to this approval shall proceed substantially in accordance with the sketch in Appendix C and elevations in Appendix D submitted as part of Report COA2019-038, which shall be attached to and form part of the Committee’s Decision; and 2) That the building construction related to the minor variance shall be completed within a period of twenty-four (24) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection. This approval pertains to the application as described in report COA2019- 038. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding. Background: The application was deemed complete May 21, 2019.
Proposal: To construct an attached garage and a screened porch.
64 Report COA2019-038 D20-2019-027 Page 2 of 4
Owners: Sergey and Elena Bogdanets
Applicant: Sergey Bogdanets
Legal Description: Part Lot 15, Concession 8, geographic Township of Verulam, now City of Kawartha Lakes
Official Plan: Waterfront within the City of Kawartha Lakes Official Plan
Zone: Residential Type One (R1) Zone within the Township of Verulam Zoning By-law 6-87
Site Size: 1,915 square metres
Site Servicing: Private individual well and sewage system.
Existing Uses: Shoreline Residential
Adjacent Uses: North, West: Vacant Forested Land South, East: Sturgeon Lake, Shoreline Residential
Rationale:
1) Is the variance minor in nature? Yes And 2) Is the proposal desirable and appropriate for the use of the land? Yes The lot is located within an established shoreline residential neighbourhood on the north shore of Sturgeon Lake at the end of Courtney Lane. The lot is wide and shallow. Due to the configuration of the lot in relation to the road, the dwelling does not face the road, but is oriented towards the water to the east. Due to the orientation of the dwelling, the north lot line functions as an interior side yard rather than the rear yard it is by definition. An interior side yard functions primarily as a place to store/place items to assist in the function of the home and/or lot, provide for passage between the front and rear yards, and serve as a space where maintenance can be conducted on the dwelling. There remains sufficient space for the yard to provide for these more utilitarian functions. The east yard, which is the interior side yard by definition, serves the role as the rear yard by providing for larger landscaped recreational amenity space. The northerly expansion of the dwelling will convert the existing paved surface parking area to covered vehicle storage, and will add a screened porch off of the existing east deck, which faces the shoreline. The screened porch will add additional amenity space to the area which functions as the rear yard. The additions are proposed to increase the functionality of the lot by providing for additional built amenity features in a clustered area where built form is already present.
65 Report COA2019-038 D20-2019-027 Page 3 of 4
The variance is minor in nature and desirable and appropriate for the use of the land.
3) Does the variance maintain the intent and purpose of the Zoning By-law? Yes The property is zoned Residential Type One (R1) Zone within the Township of Verulam Zoning By-law. In this circumstance, the rear yard functions as an interior side yard and the east interior side yard functions as the rear yard. The intent of the rear yard setback is to provide adequate recreational amenity space to the occupants of a dwelling, and avoid adverse land use conflicts (use, massing, privacy) between abutting rear yards. The intent of the by-law is being maintained as there is another amenity space on the lot: the east interior side yard, which provides adequate recreational amenity space for the occupants. There are also no adverse massing, privacy or land use conflicts anticipated from the northern expansion of the dwelling as the building is oriented towards the shoreline in the east. As such, activity within the remaining rear yard is anticipated to be minor and utilitarian in function. This minor activity is not anticipated to impact the use of the northern lot, once developed. The variance maintains the general intent and purpose of the zoning by-law.
4) Does the variance maintain the intent and purpose of the Official Plan? Yes The property is designated Waterfront within the City of Kawartha Lakes Official Plan. Residential uses are anticipated within this designation. The variance maintains the general intent and purpose of the official plan
Other Alternatives Considered: No other alternatives have been considered at this time.
Servicing Comments: The property is serviced by a private individual well and septic system.
Consultations:
Agency Comments: Notice of this application was circulated in accordance with the requirements of the Planning Act. Comments have been received from: Building Division (June 5, 2019): No concerns. Kawartha Region Conservation Authority (June 7, 2019): No concerns. A permit is required. No basement is permitted. Finished floor elevation for the additions should be 248.7 mASL.
Building Division – Part 8 Sewage Systems (June 9, 2019): No concerns.
66 Report COA2019-038 D20-2019-027 Page 4 of 4
Engineering and Corporate Assets Department (June 10, 2019): No concerns. Community Services Department (June 10, 2019): No concerns.
Public Comments: No comments received as of June 10, 2019.
Attachments:
Appendices A-E to Report COA2019-038.pdf Appendix A – Location Map Appendix B – Aerial Photo Appendix C – Applicant’s Sketch Appendix D – Elevation Drawings Appendix E – Department and Agency Comments
Phone: 705-324-9411 extension 1206 E-Mail: [email protected] Department Head: Chris Marshall, Director of Development Services Department File: D20-2019-027
67 II il APPENDIX A to
REPORT COA2019-038
FILE NO: D2O-2OL9-O27 Geographic Township of Verulam
Lot 15 Concession 8
Lakeland Rd
ou ane SUBJECT LAND
Sturgeon Lake
68 6ronanrrcs l$NAnT'{,c Mnpprrve 15 Courtney Lane, Geographic Township of Verulam
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c_ \\ \ = N 4 N afh o*- .u*.4J N t! (\ f- CI ftl', l, c*-t i o''r PART 1 TLEVATIONS o uvAus $otr & m@ 8Y \ ffi9 10 A t,8L 8ENC r N4t IsIg (, PLAN 5fR-1 o,r\ 6 to! $BfCT R@!R* IAWC L.i (CCW-1926:l9tE) g le ls
70 APPENDIX D to
REPORT coA2019-038
FILE NO: D20-2019-027
WEST ELEVAIION
EASf EI-EVATION FINA
NORTH ELEYATION
& I ilil rl
I ill* [il i
SECTION "A'' gECIION ''F" 5ECflON "C', 9ECTION ''0"
71 Charlotte Crockford -Toomey
L- From Kirk Timms P-PPFilIDIX ,- Sent: Monday, June 10,2019 L:05 PM to To: Mark LaHay Cc: Christina Sisson; Charlotte Crockford-Toomey R***RT coAzAq:zs* Subject: D20-20L9-027, L5 Courtney Lane, Verulam Fil-[r i,li] DZD -?atq-?ZY Please see the message below from Ghristina Sisson:
Good Afternoon Mark - further to our engineering review of the following: linor Variance - D20-2O19-027 r5 Courtney Lane Part Lot 25, Concession 8 Geographic Township of Verulam
It is the understanding by Engineering that the purpose and effect is to request relief from Section 45(1) to reduce the rear yard depth from 7.5 metres to 3.0 metres in order to permit the construction of an attached garage and screened porch.
From an engineering perspective, we have no objection to the proposed MinorVariance.
Please do not hesitate to contact our office if you have any questions.
Thanks,
)HRISTINA
Christina Sisson, P.Eng. Supervisor, Development Engineering Engineering & Corporate Assets, City of Kawartha Lakes 705-324-941 1 ext. 1 1 52 www.kawarthalakes.ca 6**irnil.@
Kirk Timms, C.E.T., CAN-CISEC Senior Engineering Technician Engineering and Corporate Assets, City of Kawartha Lakes 705-324-941 1 ext. 1119 www.kawarthalakes.ca
;4ur,ru,l$
I
72 The Corporation of the City of Kawartha Lakes Community Services I@wnRT 50 Wolfe Street Lindsay, Ontario KgV 2J2 Tel: 705-324-9411 ext 1300 Toll Free: 1 -888-822-2225 ldon nel ly@ kawarthalakes. ca www.kawarthalakes.ca LeAnn Donnelly, Executive Assistant, Community Services
MEMORANDUM
DATE: June 10, 2019
TO: Gommittee of Adjustment
FROM: LeAnn Donnelly, Executive Assistant, Community Services
RE Minor Variance - Various Applications
This memorandum confirms receipt of various applications to the Community Services Department and is intended to advise that our Department has no comments or concerns to offer the Committee with respect to the following minor variance applications:
D20-2019-021 18 Baker Blvd. Laxton D20-2019-023 467 Sandhills Road, Eldon D20-2019-024 202 Moorings Drive Somerville D20-2019-025 80 Mcleish Drive, Dalton D20-2019-026 64 Sturgeon Crescent, Fenelon D20-2019-027 15 Courtney Lane, Verulam
f..4"" O.,*4
LeAnn Donnelly Executive Assistant, Community Services
73 David Hardinq
From: Anne Elmhirst Sent: Sunday, June 09, 201-9 11-:14 PM To: Charlotte Crockford-Toomey Subject: D20-20L9-027 - LS Courtney Lane
Hello Charlotte,
I have received and reviewed the application for Minor Variance D20-2019-027 to request relief to reduce the clearance setbacks for an attached garage and screened porch at 15 Courtney Lane.
I have located a sewage system installation report for this property which notes a septic tank and leaching bed location. ln addition, a site visit was completed to ensure the appropriate clearance distances were going to be maintained from the proposed construction to the existing system. lt has been determined there that will be no issue with the proposed construction.
As such, the Building Division - Sewage System Program has no objection to the proposed minor variance.
Best Regards,
Anne Elmhirst C.P.H.l.(C), B.A.Sc., B.Sc. Supervisor - Part 8 Sewage Systems Development Services - Building Division, City of Kawartha Lakes 7 05-324-941 1 ert. 1 882 www. kawarthalakes.ca K,rrvnnfH,tG't\g
1 74 K.AWARTHA CENSERVATION Discovor' Protect . Reslore
June 7. 2019" Minor Variance: Comments
D20-2019-027 - tS Courtney Lane, Lot 15, Concession 9, Township of Verulam, City of Kawartha Lakes
The subject property is within KRCA's regulated area (due to the presence of Sturgeon Lake and nearby wetlands), and is therefore subject to Ontario Regulation !82/96. No development, including site alteration, grading, structures, etc., is permitted within Kawartha Conservation's regulated area prior to obtaining a Permit pursuant to Ontario Regulation L82lO6. No additional habitable space shall be provided in the proposed new garage, and no basement is permitted. The finished floor elevation for the additions shall be 248.7mAS1.
Erin McGregor Planning and Permitting Assistant KAWARTHA CONSERVATION 277 Kenrei Road Lindsay, ON KgV4R1
KAWAFTHA CONSERVATION 277 Kenrei Boad, Lindsay, ON KgV 4R1 705.328.227 1 Fax 7 O5.328.2286 KawarthaConservation.com
Aur WaagEhsd P.dnoB. Con*rYitll)ne ON'ARIO
75 David Harding
From: Derryk Wolven Sent: Wednesday, June 05, 20L9 2:28 PM To: Charlotte Crockford -Toomey Subject: CofA
Building division has the following comments
D20-2019-023 No concerns D2O-2019-024 Spatial separation requirements of OBC may restrict amount of glazing D20-2019-025 No concerns D2O-20 1 9-026 No concerns D2O-2019-027 No concerns
Kind regards
Derryk Wolven, CBCO Plans Examiner Development Services, Building Division, City of Kawartha Lakes
7 OS -324 -g 4 1 1 ext 1 27 3 vwtw. kawa rt h a I a kes. ca Tr,vARTH$S
1 76
The Corporation of the City of Kawartha Lakes Committee of Adjustment Report – Betty Ann Oliver Report Number COA2019-010
Public Meeting Meeting Date: June 20, 2019 Time: 1:00 pm Location: Council Chambers, City Hall, 26 Francis Street, Lindsay
Ward: 6 – Geographic Township of Emily
Subject: The purpose and effect is to request relief from the following in order to permit an accessory building (a hot tub room) in its current location: 1. Section 3.1.2.2 to reduce the minimum side yard setback for an accessory structure from 1 metre to 0.6 metre; and 2. Section 12.2.1.3 e. to reduce the minimum water setback from 30 metres to 28.3 metres. The variance is requested at 23 Westview Drive, geographic Township of Emily (File D20-2019-003).
Author: Quadri Adebayo, Planner II Signature:
Recommendations: RESOLVED THAT Report COA2019-010 Betty Ann Oliver, be received;
That minor variance application D20-2019-003 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: 1) That the accessory building related to this approval shall proceed generally in accordance with the sketch in Appendix C and elevations in Appendix D submitted as part of Report COA2019-010, which shall be attached to and form part of the Committee’s Decision. Any deviation from these specifications will require review by the City and may necessitate further approvals to be granted by the City and/or any other governing agency, body or authority, where applicable;
2) That the applicant shall remove the shed located in the rear yard within the 30 metre water setback to the satisfaction of the Chief Building Official. This condition will be considered fulfilled once the owner submits to the Secretary-Treasurer written confirmation from the Chief Building Official
77 Report COA2019-010 D20-2019-003 Page 2 of 5
advising that the shed has been removed to his/her satisfaction under the Ontario Building Code;
3) That notwithstanding the definition of rear yard, the granting of the variance for the reduced water setback will not be interpreted to permit the placement of any other accessory buildings between the rear wall of the dwelling and the water’s edge
4) That the applicant shall complete the Building Permit process to the satisfaction of the Building Division. This condition will be considered fulfilled once the owner submits to the Secretary-Treasurer written confirmation from the Chief Building Official advising that the accessory building situation has been satisfied to his/her satisfaction under the Ontario Building Code; and
5) That the Building Permit process shall be completed within a period of twelve (12) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon receipt of a confirmation letter by the Secretary-Treasurer from the Chief Building Official.
This approval pertains to the application as described in report COA2019- 010. Fulfillment of all conditions is required for the Minor Variances to be considered final and binding.
Background: For Committee’s information, this application originated from an enforcement notice through the Building Division. The application seeks to permit an accessory hot tub room in its current location. The applicant advises that the hot tub functions as an alternative therapy to medication for their son’s condition. Hence the chosen location of the structure for easy access from the house.
The Committee deferred the application for a period of three (3) to four (4) months at its March 21, 2019 public meeting in order to provide the applicant enough time to address the issues identified by the commenting agencies, and to ensure the proposal can be adequately reviewed for supportability by staff. The agencies’ concern being:
- Building Division: Confirmation that the structure is actually 0.6 metres form the northerly interior lot line. - Part 8 Sewage Systems Supervisor: Undetermined location of the existing septic system and the clearance distance from the limits of the proposed hot tub room.
78 Report COA2019-010 D20-2019-003 Page 3 of 5
On May 17, 2019 the applicant provided a survey of the neighbouring property at 25 Westview Drive that appears to demonstrate that the actual limits of the hot tub room from the northerly side lot line as being at a distance of 1.03 metres and not 0.6 metres as advertised. This in essence removes the request for the side yard relief as the new value exceeds the minimum requirement in the by-law. Staff have also confirmed this new information with the survey company (Sylvester & Brown Land Surveying) and have supplied a copy of the survey to the Building Division. This application was deemed complete May 21, 2019.
Proposal: To recognize an approximately 23.9 square metre (257.2.square foot) accessory building within the interior side yard area.
Owner: Betty Ann Oliver
Legal Description: 23 Westview Drive, Part Lot 17, Concession 8, geographic Township of Emily, City of Kawartha Lakes
Official Plan: Waterfront within the City of Kawartha Lakes Official Plan
Zone: Rural Residential Type Three (RR3) Zone within the Township of Emily Zoning By-law 1996-30
Site Size: 2,590 square metres (27,878 square feet)
Site Servicing: Private individual well and septic systems
Existing Uses: Residential
Adjacent Uses: North & South: Residential East: Residential, Agricultural West: Pigeon Lake Rationale: As the requested relief from the side yard requirement is no longer applicable, the planning analysis is primarily focused on the relief for the water setback requirement
1) Is the variance minor in nature? Yes And 2) Is the proposal desirable and appropriate for the use of the land? Yes The subject property is situated in an established waterfront residential neighbourhood where accessory buildings are commonly used for storage or other ancillary purposes. The dual-functionality of the hot tub room also ensures it maintains its subordination to the residential use of the property as it partly functions as both a recreational and storage room.
79 Report COA2019-010 D20-2019-003 Page 4 of 5
In terms of the reduced water setback, given that the location of the hot tub is to enable easy access from the house, and that the facility has already been installed to accommodate for a pressing health need, relocating the hot tub room to compliance may cause undue hardship for the applicant. As KRCA comments advised that the location of the structure would not be impacted by the nearby flood plain, a 1.7 metre reduction to minimum 30 metre setback is considered reasonable and minor. This is also enhanced by the applicant’s willingness to remove a shed located in the rear yard within the water setback as trade-off in order to keep the hot tub room in its current location. Condition 2 has been placed to facilitate this. Due to the above analysis, the variance is minor in nature and desirable and appropriate for the use of the land.
3) Does the variance maintain the intent and purpose of the Zoning By-law? Yes The Rural Residential Type Three (RR3) Zone provision contemplates accessory uses as ancillary to a principle use. The accessory building under the scope of this variance application is being utilized as devoted use to the detached dwelling on the subject property. The relief requested for the hot tub room is also not anticipated to impact the function of the rear yard for drainage purposes and impact Pigeon Lake from an environmental perspective. In all other respects, the accessory building provisions within the RR3 Zone would still be met. The subject structure in conjunction with the boathouse accounts for 2 out of a total of 3 maximum numbers of accessory buildings permitted, and 3.96% out of a maximum of 8% total lot coverage permitted for accessory buildings in the RR3 Zone. Therefore, the variance maintains the general intent and purpose of the Zoning By-Law.
4) Do the variances maintain the intent and purpose of the Official Plan? Yes The property is designated Waterfront within the City of Kawartha Lakes Official Plan. Residential uses, along with accessory uses are anticipated within this designation. In consideration of the above the variances maintain the general intent and purpose of the Official Plan.
Other Alternatives Considered: No other alternatives have been considered at this time. Servicing Comments: The property is serviced by a private individual well and septic systems.
80 Report COA2019-010 D20-2019-003 Page 5 of 5
Consultations: Notice of this application was circulated in accordance with the requirements of the Planning Act. Comments have been received from:
Agency Comments: Kawartha Conservation, KRCA (August 23, 2018 & December 10, 2018) – No concerns. See comments. Engineering and Corporate Assets Department (March 13, 2019): No objections or engineering requirements. Community Services Department (March 18, 2019): No comments or concerns. Building Division, Plans Examiner (May 24, 2019) - revised: No concern with the application. Building Division, Part 8 Sewage Systems (May 24, 2019) - revised: No concerns with the proposed variance. See comments.
Public Comments: No comments as of June 5, 2019.
Attachments:
Appendices A-F to Report COA2019-010.pdf Appendix A – Location Map Appendix B – Aerial Photo Appendix C – Applicant’s Sketch Appendix D – Elevation Drawings Appendix E – New Survey Document Appendix F – Department and Agency Comments
Phone: 705-324-9411 extension 1367 E-Mail: [email protected] Department Head: Chris Marshall, Director of Development Services Department File: D20-2019-003
81 APPENDIX: A to
REPORT COA201_9-010
FILE NO: D20-2019-003 D20-2019-003
Geographic Township of Emily
Pigeon Lake
Lot 18
CONCESSION 8
SUBJECT LAND
Lot 17
(K.L. Road 14
..t CONCESSION 7
82 APPENDIX: B to
REPORT COA2019-010
FILE NO: D20-2019-003
sr*xiuC .;:Iii:' 23 Westview Drive, Geographic Township of Emily
0.1 1 This map is a uss generated static ouFut from il lntemet mapping sitE ild l(xTx^L is for refierence onty. Oata lay€rs that appear on his map may or may not be WGS_1 984_Web_Mscatorjuiliary_Sphere accurate- cunent or otheMisg reliable. O Civ Of Kawarfta Lakes THIS MAP IS NOT TO BE USED FOR COM'I'FRCIAL OR L€GAL PUPOSFS
-Kilometers 83 APPENDIX: C to
REPORT coA2019-010
FILE NO: D20-2019-003
Site Plan Sketch
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REPORT COA20L9-01,0
FILE NO: D20-2019-003
Elevation Drawings
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85 APPENDIX: E to
REPORT coA2019-010
FILE NO: D20-2019-003
New Survey Document
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86 7-' -i APPENDIX -f- QuadriAdebayo *n C>A o From: Stacy Po rte r < sporter@ kawa rthaconservatio n.co m > REPCRT -b( Sent: Thursday, August 23,20L8l-0:00 AM *:--t1-e"o3 To: John Pearson Fll"E l.JCI D?-o Subiect: 23 Westview Dr - hot tub and enclosure
Attachments: 1372 3_H i I l_l R- LETTE R_20L408 12. pdf
Good Morning John I have been speaking with Betty Anne Oliver today and I understand she is trying to provide you with proof for her hot tub enclosure that she received sign off from us. We provided a fairly unhelpful letter back in 2Ot4 to this owner that stated that although it was constructed without a permit, that it appears to be outside of the floodplain and conforms to our policies. Upon further review of this lot, I can now confirm that the hot tub and enclosure are outside of the floodplain and likely more than 15m back from the floodplain, which means they are likely not regulated and no permit would have been required. So I don't think any further action is required on our end. This likely did not need a permit from us so no concerns on our end and she can move on with whatever she needs to do for you. I believe she will be sending you a copy of her building permit as she stated she has had one issued already.
Thanks,
Stacy Porter Planning Technician KAWARTHA CONSERVATION 277 Kenrei Road Lindsay, ON KgV 4R1
Tel: 705.328 .227 t ext. 23]- Fax:7O5328.2286 Kawa rthaConservation.com
KAH|AF{THA gNHSHR\IATICIN Bisc*wr - koteet, Fl*stsre
This electronic tronsmission, including all attochments, is directed in confidence solely to the person(s) to which it is oddressed, or on authorized recipient, and may not otherwise be distributed, copied, printed or disclosed. Any review or distribution by others is strictly prohibited. lf you have received this electronic tronsmission in error, please notify the sender immediately by return electronic tronsmission ond then immediotely delete this transmission, including oll ottochments, without copying, printing, distributing or disclosing some. Opinions, conclusions or other informotion expressed or contained in this emoil are not given or endorsed by the sender unless otherwise offirmed independently by the sender.
87 ..!' A_Di:lFr.i " { QuadriAdebayo *.r HEpcnr _(ph41:a Lo From: Stacy Porter < spo rte r@ kawa rthaco nservation.com > Sent: Friday, December 07,2OtB 4:38 PM -| Ftn_E s.::PLq- s€3 To: QuadriAdebayo r'lo. Cc: Kent Stainton Subject: 23 Westview Drive Attachments: 23 Westview Dr - hot tub and enclosure
Follow Up Flag: Follow up Flag Status: Completed
HiQuadri We have reviewed the hot tub and enclosure that was constructed without a permit and we have determined that it is outside the regulated area and no permit is required from us. We would stillappreciate being circulated on the Minor Variance, should she apply for one. But no permit would be required once she gets the MV approved.
Thanks,
Stacy Porter Planning and Regulation Technician KAWARTHA CONSERVATION 277 Kenrei Road Lindsay, ON KgV 4R1
Tel: 705.328 .2277 ext.23L Fax:7O5.328.2286
Kawa rthaConservation.com
KA1/\fARTHA Cr]NSENVATIOH Disc*ssr - Roteet, Fl*sXore
This electronic tronsmission, including all ottachments, is directed in confidence solely to the person(s)to which it is addressed, or an outhorized recipient, ond moy not otherwise be distributed, copied, printed or disclosed. Any review or distribution by others is strictly prohibited. If you have received this electronic tronsmission in error, please notify the sender immediotely by return electronic tronsmission ond then immediately delete this tronsmission, including oll attachments, without copying, printing, distributing or disclosing some. Opinions, conclusions or other information expressed or contained in this email are not given or endorsed by the sender unless otherwise offirmed independently by the sender.
88 Engineering & Corporate Assets Department P.O. Box 9000, 12 Peel Street Lindsay ON KgV 5R8 Tel: (705) 324-9411 Ext.1152 t Fax: (705) 324-2982 APPENDTX + D e-mail: csisson@kawarthalak6rca * website:www. kawarthalakes.ca'- REPCfiT -o to MEMORANDUM trrLE t.jo. D2a -Z>l{-e$3
TO Mark LaHay, Acting Secretary-Treasurer
GG: Kirk Timms, Senior Engineering Technician Kim Rhodes, Administrative Assistant G harl otte G roc kford -Toomey, Ad m i n istrative Ass ista nt
FROM: Gh risti na Sisson, Su pervisor, Development En g i neeri ng
DATE: March 13th,2019
SUBJECT: Application for Minor Variance/Permission D2O-2019-003 - 23 Westview Drive, Part Lol17 , Goncession 8, Geographic Township of Emily, City of Kawartha Lakes
The Development Engineering Division has reviewed the City of Kawartha Lakes Committee of Adjustment Notice of Public Hearing for Minor Variance as well as the Application for Minor Variance/Permission received on March 7th,2O1g.
Further to Engineering's comments sent to you on February 11th, it is our understanding that the applicant is applying for a minor variance to request relief from the following provisions in order to permit an accessory building (a hot tub room) in its current location:
1. Section 3.1.2.2 to reduce the minimum side yard setback for an accessory structure from 1.0 metre to 0.6 metres.; and 2. Section 12.2.1.3 e. to reduce the minimum water setback from 30 metres to 28.3 metres.
Further to our review of the above noted application, we confirm that we have no objection to the proposed minor variance and no engineering requirements related to the proposed minor variance.
We respectfully request to be circulated should additional information be brought forward through the commenting period that changes the intent of the minor variance application and the corresponding report by Planning.
Please do not hesitate to contact our office if you have any questions.
89 i APPENDIX f to 'Cffi|q|-DlQne Corporation of the IDED,^\DT rLl \.rt I I ------City of Kawartha Lakes Community Services [Swnnr trILE NO. blp*zp&-nb3 50 Wolfe Street Lindsay, Ontario KgV 2J2 Tel: 705-324-9411 ext 1300 Tof l Free: 1 -888-822-2225
ld on ne I lv@kawa rtha lakes. ca www.kawarthalakes.ca LeAnn Donnelly, Executive Assistant, Community Services
ITIIEMORANDUM
DATE: March, 18,2019
TO Gommittee of Adjustment
FROM: LeAnn Donnelly, Executive Assistant, Community Services
RE: Minor Variance - Various Applications
This memorandum confirms receipt of various applications to the Community Services Department and is intended to advise that our Department has no comments or concerns to offer the Committee with respect to the following minor variance applications:
D20-2019-003 23 Wesfuiew Drive, Emily Township D20-2019-A07 7843 Highway 35, Laxton D20-2019-A10 159 Shadow Lake Road 3, Laxton D2A-2019-O11 133 Oakdene Crescent, Mariposa D20-2019-012 14 Fifth Street, Sturgeon Point D20-2019-013 268 Pigeon Creek Road, Manvers f."4""
LeAnn Donnelly Executive Assistant, Community Services
90 APPENDIX + Ade REPORT _oto From: Charlotte CrocKord-Toomey Sent: Friday, May 24,20L9 1:41 PM -D?n-?-el11'o.z To: QuadriAdebayo FILE NO. Subject: FW: D03-2019-003 23 Westview
Follow Up Flag: Follow up Flag Status: Flagged fvi
Gharlotte Crockford -Toomey Ad m in istrative Assistant Planning Department, City of Kawartha Lakes 7 05-324-941 1 ext. 1 23 1 www. kawarthalakes.ca
*
From: Derryk Wolven Sent: Friday, May 24,2019 9:37 AM To: Cha rlotte CrocKord-Toomey Subject: D03-2019-003 23 WesWiew
Please be advised building division has no concern with the above noted application
Derryk Wolven, CBCO Plans Examiner Development Services, Building Division, City of Kawartha Lakes 705-324-9411 ext. 1 27 3 vwrw. kawa rtha Ia kes. ca
1 91 f n APPENDIX F
From: QuadriAdebayo REPCRT eDA>46(- elo Sent: Friday, May 24,201-9 8:46 AM To: Charlotte Crockford-Toomey trILE NO. Subject: FW: D20-2019-003 - 23 Westview Wreoa3
FYI & File. Thanks Fromr Anne Elmhirst Sent: Friday, May 24,2019 12:05 AM To: Quadri Adebayo Subject: D20-2019-003 - 23 WesWiew
Hello Quadri,
A further review was completed for the proposed Minor Variance for 23 Westview Drive. Through site evaluation it was observed that the constructed hot tub room will not encroach within the setback clearance distance to the sewage system.
As such, the Building Division - Sewage System Program has no concerns with the proposed minor variance
Best Regards, Anne Elmhirst Supervisor - Part 8 Sewage Systems
Sent from my BlackBerry 10 smartphone on the Bell network.
92
The Corporation of the City of Kawartha Lakes Committee of Adjustment Report – Frank Danek Report Number COA2019-040
Public Meeting Meeting Date: June 20, 2019 Time: 1:00 pm Location: Council Chambers, City Hall, 26 Francis Street, Lindsay
Ward: 2 – Geographic Township of Somerville
Background: The statutory Public Meeting was held by the Committee of Adjustment on April 18, 2019 report COA2019-017. The Committee deferred the application to enable the owner and applicant sufficient time to work with the City in order to achieve an amended proposal that can be adequately received for supportability by staff. Update: 1. April 20th to 24th, 2019 – The applicant discussed the option of building a flat- roofed boathouse and a second utility shed more than 3 metres away from the water. Staff advised that it is possible option and that the context of the proposal would determine whether a minor variance would be applicable or not. Following this, no sketch was provided to staff for review (See Appendix A below); 2. April 29th, 2019 – Applicant supplied a revised survey showing the correct shoreline which further substantiates the removal of the request for extension of portions of the boathouse beyond the high water mark from the minor variance reliefs (See Appendix B below); 3. May 14th, 2019 – Applicant expressed that the boathouse design submitted to staff back in December 2018 including the design presented to Committee in April are the most desirable choices given the constraints presented by the topography of their property. On May 15th, 2019, the Director of Development Services advised that the said designs cannot be supported (See Appendix C below); 4. Some direction was provided via email correspondences to the applicant regarding definitions and interpretation of nuances like attic space, finished grade, and door location/storage space in anticipation of an alternative boathouse design; 5. May 17th, 2019 - Further direction was also provided to the applicant informing them that KRCA might have a lesser requirement than an Environmental Impact Study if their boathouse is proposed in the same location of the old boathouse since the area has already been disturbed; and 6. May 23rd, 2019 – Applicant expressed that they would stick to the boathouse design presented to Committee in April for the June meeting. Staff subsequently advised that the recommendation would be a denial of the proposal (See Appendix D below).
93 Report COA2019-040 D20-2019-009 Page 2 of 3
As advised by staff at the April meeting, the recommended boathouse designs in Appendix F of report COA2019-017 can be supported. Staff’s position regarding this design are thus: - It ensures the height measurement is taken from a water level (a midpoint between the unofficial high water level and the unofficial normal water level) that could in essence help limit a potential flood risk for the boathouse due to unpredictable seasonal changes. Although the by-law prescribes the height to be taken from the normal water level, some flexibility can be attained based on the water level data shown in the applicants sketch; and - Respecting the height determination above, it also enables some flexibility to achieve an attic space or loft above the first storey for storage rather than a flat roof design that would defeat that opportunity. In this instance, an increase over the maximum height permitted by 0.1 metre to 0.3 metres would be evaluated on its own merits and could be supported provided the height determination from the water is followed. No further changes have been made to report COA2019-017 regarding staff analysis and evaluation; however, the Recommendation no longer stands as staff could not reach an agreement with the owner on a design during the deferral period; and, the following section has been revised to clarify the revised Recommendation:
Subject: The purpose and effect is to request relief from the following in order to permit the construction of a boat house: 1. Section 18.1.5(c) to increase the maximum number of storeys allowed from one-storey to two-storeys; and 2. Section 18.1.5(c)(i) to increase the maximum height for a structure adjacent to or within 3 metres of the lake from 4.5 metres to 6.8 metres. The variance is requested at 20 Griffin Drive, geographic Township of Somerville (File D20-2019-009).
Author: Quadri Adebayo, Planner II Signature:
Recommendations: RESOLVED THAT Report COA2019-040 Frank Danek, be received;
That minor variance application D20-2019-009 be DENIED, as the application does not meet the tests set out in Section 45(1) of the Planning Act.
94 Report COA2019-040 D20-2019-009 Page 3 of 3
Attachments:
Appendices A-D to Appendix E to Report COA2019-040.pdf Report COA2019-040.pdf Appendix A – Alternative Options Discussed by Applicant Appendix B – Revised Survey Appendix C – Applicant’s Desired Options Appendix D – Applicant’s Final Desired Option Appendix E – Report COA2019-017
Phone: 705-324-9411 extension 1367 E-Mail: [email protected] Department Head: Chris Marshall, Director of Development Services Department File: D20-2019-009
95 Qr"d.i Ad"b"yo APPENDIX I. A ' lc ,,, From: QuadriAdebayo REPORT -oPo Sent: Wednesday, April24,2019 L0:01 AM To: 'phillip danek' trrLE Subject: RE: Second utility shed question No. bW-tplcl- 8e1
The Zone category on your property is LSR Zone. Thanks
Quadri Adebayo Planner ll Development Services - Planning Division City of Kawartha Lakes 180 Kent Street West, 2nd Floor, Lindsay, ON Canada K9V 2YO qadebavo@kawarth alakes. ca Office: (705) 324-9411 ext. 1367 Fax= (705) 324-4027 Toll Free: 1-888-822-2225 lakes.ca
ISwnRrH
From : phittip danek iffi,,[email protected] Sent: Wednesday, April 24,20L9 9:55 AM To: Quadri Adebayo Subject: Re: Second utility shed question
I dont think my lot is lsr as i have looked at the map and the lsr does not point on my lot. I would say my lot is a rg
Cpl.Danek 765 Vic Company Recce Plt QOR of C cell: 416-5 54-1612
On Wed, Apr 24,2019,9:49 AM Quadri Adebayo,
I have attached the by-law provision with the sections highlighted in yellow. A digital version of the Somerville by-law can also viewed at this link: httos://www.kawarthalakes.calen/business- qrowth/resources/Planninq-and-Development-Docs/Somerville--ZBL-78-45--2014.07.25.pdf
Quadri Adebayo
Planner ll
Development Services - Planning Division 96 City of Kawartha Lakes
180 Kent Street West, 2nd Floor, Lindsay, ON Canada K9V 2Y6
q ad e bavo@ kawa rtha la kes. ca
Office: (705) 324-9411 ext. 1367 Fax: (705) 324-4027 Toll Free: 1-888-822-2225
www.kawarthalakes.ca
x
From : phillip danek [mailto: [email protected]] Sent: Tuesday, April 23, 2019 7:05 PM To: Quadri Adebayo Subject: Re: Second utility shed question
Mr Adebayo,
Where in the by law does it say about 15 metre minimum water setback and other accessory structure provisions of the by-law. As well, outside of the 30o/olot coverage requirement, there is a maximum of 8/o or 225 square metre lot coverage for accessory buildings you need to be wary of.
thanks phil
On Mon, Apr 22,2019 at 12:41PM Quadri Adebayo Good afternoon Mr. Danek, It may be possible to have a second utility shed provided it meets the 15 metre minimum water setback and other accessory structure provisions of the by-law. As well, outside of the 30% lot coverage requirement, there is a maximum of 8o/o or 225 square metre lot coverage for accessory buildings you need to be wary of. 2 97 The context of the proposed plan would determine if a minor variance would be applicable or not Regards, Quadri Adebayo Planner ll Development Services - Planning Division City of Kawartha Lakes 180 Kent Street West, 2nd Floor, Lindsay, ON Canada K9V 2YO qad e bayo@ kawa rtha lakes. ca Office: (705) 324-9411 ext. 1367 Fax: (705) 324-4027 Toll Free: 1-888-822-2225 www.kawarthalakes.ca From : phillip danek [mailto: [email protected]] Sent: Saturday, April 20, 2019 1:03 PM To: Quadri Adebayo Subject: Second utility shed question Sir I am talking to my designer to come up with different plans for our deferral meeting and I just wanted to confirm if I place a flat roof on my proposed boathouse and build a second utility shed that is more then 3 meters from the shore line and not touching my proposed boathouse, is this allowed? The second utility shed would be 20x30x15 (grade to mid rafter) which would still be under the 30 percent land rule. I would not need a minor variance if I go this route is that correct? 3 98 t APPENDIX b a From: phillip danek Here is a copy of the new survey with the correct shore line. Cheers Phillip Danek Cpl.Danek 765 Vic Company Recce Plt QOR of C cell: 416-5 54-1612 1 99 lle '*'' 5r'9 %a v l'a * ( tl # %-?2 .6 €^ ?*o $o. 19 +q' b ?o t **- -€a € 4 t) /--:-*; p ,! tr**- Bo (rot # srrns ,3jfrli# -€s rt 4$- @lwntr^- 100 Scanned by CamScanner ri Ade APPENDIX L i From: chris Marshall REpORT -f;&_Offi: OW Sent: Wednesday, May 15, 20L9 9:50 AM To: 'phillip danek' O sel Cc: Quad ri Adebayo; Richa rd Ho ly;'fed45 @ hotmai l.c5'#rfid8@*".i i \P ->pt+ Subject: RE: Deferral meeting new and old drawing Follow Up Flag: Follow up Flag Status: Flagged Categories: Red Category Hi Mr. Danek, thanks for your call sorry I missed you. I have spoken to Quadri and I am not sure what the misunderstanding is. The Zoning Bylaw is very clear that two storey boathouses are not permitted and that the height limitation is 4.5 m from the water level or 4.5 m from grade if you are building 3 m away from the water. lt does not appear that either of your options meet these requirements. I have also been told that your neighbour is in opposition to your proposal and so is the Lake Association. I would suggest that you develop a design for your boathouse that meets the Bylaw as there does not appear to be any support for this variance from staff or the public. From : phillip danek [mailto : [email protected]] Sent: Tuesday, May 14, 2019 9:10 PM To: Richard Holy; QuadriAdebayo; joe@keji; Frank E. Danek; Chris Marshall Subject: Deferral meeting new and old drawing Mr. Adebayo, There are two attachments, one being the original proposed boat house, and the new boat house moved back 3 meters. You can see that if I move the boat house 3 meters back, how much more I have to dig into the cliff, which would have a great impact on the land. The second attachment is what we did suggest back when we met in Dec, 2018. The original boat house proposed or the redesign back on Dec, 2018 are the best two choices, as they have the least impact on the environment and best use of the land as I am on a cliff. Please let me know what my next step is. Thank you Phillip Danek Cpl Danek 765 QOR of C, Vics Coy, Recce Pl C:416-554-1612 101 7a'1'g b*c;lrvJa""- I FOUNDAlION I Ll1.lt ^T DEfAILS 4.20.1t SETBACK,/HEI6HT 12,5.1E o KeJt PLANNERS & BUILDERS w.keji.€ 'I03 LAKESIDE DR, COBOCONK- ON-. CANADA KOM 1 KO [email protected] 705.454.2587 416 315 7751 trtr sna 6d a&ns DANEK BOATHOUSE a'l 20 CRIFTEN DRIVE COBOOONK, ONTARIO, CANADA PROPOSED DEMOLITION NEW BOATHOUSE ond RETAINING WALL 102 2Pl1 &y,rcviF &5 #AWL DO NOT SCALE DRAWNGS GacNstoBeeEPi@EEo[cwr|rcR( fr tr I Jos Mccool 30046 ..*dsr't.dohddoie'21r5 t drEo* T {vr"*l SECTION B-B muNmiN , 0FALS ..w..ffi !.';l KeJr PLANNERS & BUILDERS Mqio I T DANEK BOATHOUSE SOUTH ELEVATION (s€tback 10') SECTION B-B (setback 10') 20 cRIFFEN DRIVE EOBOEONK, ONiARIO, CANAM PROPOSED bIMOLIIION NEII BOAIHOUSE ond REIAINING WALL l/4'=r'-0' 1.9.2017 DANER A2 103 APPENDIX D QuadriAdebayo to REPORT From: QuadriAdebayo o Sent: Thursday, May 23,20L9 10:45 AM To: 'phillip danek'; Frank E. Danek; joe@keji FILE NO. lrn--2.o1?-eezl Subject: RE: June Variance Thank you. ln the interim, I will draft a report based on this in preparation for the June meeting. The report and the meeting agenda would available on June 14th. Also, staff recommendation in the report would be that Committee denies the proposal as it would not meet the tests for minor variance. Regards, Quadri Adebayo Planner ll Development Services - Planning Division City of Kawartha Lakes 180 Kent Street West, 2nd Floor, Lindsay, ON Canada K9V 2Y6 q adebavo@ kawarth alakes. ca Office: (705) 324-9411 ext. 1367 Fax= (705) 324-4027 Toll Free: 1-888-822-2225 Swnnr -""-r.-+ From: phillip danek [mailto:[email protected]] Sent: Thursday, May 23,2019 9:37 AM To: QuadriAdebayo; Frank E. Danek; joe@keji Subject: Re: June Variance Yes it's the same drawings Cpl.Danek 765 Vic Company Recce Plt QOR of C cell: 41 6-5 54-1612 On Thu, May 23,2019,9:01 AM Quadri Adebayo, Good morning Mr. Danek, When you say'original drawing', are you referring to this drawing below that was circulated in April? lf yes, then there will be no supplementary paper work needed. Kindly confirm and I will advise accordingly. Thanks. 104 Quadri Adebayo Planner ll Development Services - Planning Division City of Kawartha Lakes 180 Kent Street West, 2nd Floor, Lindsay, ON Canada K9V 2Y6 qadebavo@ kawa rtha lakes. ca Office: (705) 324-9411 ext. 1367 Fax: (705) 324-4027 Toll Free: 1-888-822-2225 www.kawarthalakes.ca x From: phillip danek [mailto:[email protected]] Sent: Wednesday, l,Ilay 22,2019 7:33 AM To: Quadri Adebayo Subject: June Variance Sir, 2 105 I hope you had a good long weekend,I am going to keep my original drawing for the June variance. what other paper work do I need, l Thanks Phil Cpl Danek765 i QOR of C, ' Vics Coy, Recce Pl C:416-554-1612 This message, including any attachments, is privileged and intended only for the addressee(s) named above. lf you are not the intended recipient, you must not read, use or disseminate the information contained in this e-mail. lf you have received this e-mail in enor, please nofiry the sender immediately by telephone, fax, or e-mail and shred this confidential e-mail, including any attiachments, without making a copy. Access to this e-mail by anyone else is unauthorized. 3 106 The Gorporation of the Gity of Kawartha Lakes Committee of Adjustment Report - Frank Danek Report Number COA201 9-A17 Public Meeting Meeting Date: April 18,2019 Time: 1:00 pm Location: Council Charnbers, City Hall, 26 Francis Street, Lindsay Ward: 2 - Geographic Township of Somerville Subject The purpose and effect is to request relief from the following in order to permit the construction of a boat house: 1 . Section 18.1 .5(c) to increase the maximum number of storeys allowed from one-storey to two-storeys; 2. Section 18.1 .s(cXi) to increase the maximum height for a structure adjacent to or within 3 metres of the lake from 4.5 metres to 6.8 metres; and 3. Section 18.1 .5(d) to permit any portion of a boathouse on a lot fronting on Four Mile Lake to extend beyond the high water mark. The variances are requested at 20 Griffin Drive, geographic Township of Somerville (File D20-201 9-009). Author: Quadri Adebayo, Planning ll Signature Recommendations: Resolved That Report COA2019-017 Frank Danek, be received; That minor variance application D20-2A19-009 be DEFERRED until such a time when the applicant brings forward a revised application supportable by staff, as parts of the application does not meet the tests set out in Section 45(1) of the Planning Act. This approval pertains to the application as described in report COA2019- 0{7. Fulfillment of all conditions is required for the Minor Variances to be considered final and binding. 107 Report COA2019-017 D20-2019-009 Page2olT Background: The proposal seeks to replace and enlarge a dilapidated 1- storey upland boat house built circa 1955 (MPAC) with a 2- storey partially in-water boat house that comprises an ancillary covered deck. This application was deemed complete January 14,2019. Proposal To construct an approximately 92 square metre (989 square foot) two-storey boat house with an ancillary covered deck on the waterside. Owner: Frank Danek Applicant: Philip Danek Legal Description: Part of Lot 19, Concession 7, Lot 4 on Plan 327, geographic Township of Somerville, now City of Kawartha Lakes Official Plan Waterfront and SP-1 (Special Lake Policy Area) Zone: Limited Service Residential (LSR) Zone in the Township of Somerville Zoning By-law 7845 Site Size: 0.46 acres (1,851.1 square metres) Site Servicing: Private individual septic and lake water systems Existing Uses: Residential Adjacent Uses North: Residential and Agricultural East: Four Mile Lake South: Residential and Four Mile Lake West: Agricultural Rationale: 1) Are the variances minor in nature? (i) Two€torey Boat House and Height - No (ii) Extension beyond the high water mark - Undetermined And 2) ls the proposal desirable and appropriate for the use of the land? (i) Two-Storey Boat House and Height - No (ai) Extension beyond the high water mark - Undetermined (i) Two-Storey Boat House and Height: The proposed boat house willtranslate into a larger structure than the former single-storey boat house on the property that is cunently dilapidated. As such, in terms of scale, the proposed two-storey boat house is anticipated to be 108 Report COA2019-017 t";:3:i-:?? visually more imposing when compared to the design-character of most boat houses on Four Mile Lake. Most boat houses on Four Mile Like are single- storeys with flat-top roof designs but the massing of the proposed design under this application is anticipated to present negative land use compatibility issues considering the potential for human habitation. This is substantiated by the Kawartha Conservation (KRCA) concerns regarding the entirety of the property as being in a flood plain hazard area. KRCA have also expressed preference for an amendment to the size of the boat house subject to revised proposal being able to meet their policy conditions (see KRCA comments below). ln terms of the proposed height, Four Mile Lake is a special policy area and developments along its shoreline are directed to be of a modest nature. ln keeping with this policy, standards were put in place for boat house heights and how the height should be determined. The Somerville By-law provides inat ttre maximum height for a structure adjacent to or within 3 metres of a lake shall be measured as the vertical distance from the normalwater level. Rather, the height proposed under this application was measured from finished grade on land. Although the applicant stated the second storey is supposed to function as storage for marine rail systems, it is clear that the proposed design was chosen out of preference because it does not appear to correspond with the alternative design advised by staffthat demonstrates storage functionality within the confines of the by-law that can be supported. Based on this, provided the proposed number of storeys for the boathouse is reduced to less than two-storeys and the height measurement revised to comply with the standards allowed in the by-law, the variances for the boat house will be considered minor as well as desirable and appropriate for the use of the land. (ii) Extension beyond the high water mark: It is evident that the proposed structure will be replacing an already dilapidated structure on an entirely new and larger building footprint. The shoreline edge also appears to be irregular hence the constraint of achieving a completely inland boat house design. The northerly interior side yard setback is compliant and not anticipated to impact the function as the yard will still serve as naturalization space that can retain and infiltrate surface water run-off before discharging it into the abutting lake. Overall, KRCA has stated that provided an Environmental lmpact Study (ElS), demonstrates no impact to fish habitat, and that necessary permits are obtained from the Ministry of Natural Resources and Forestry (MNRF) prior to any in- water works, the variance for the extension of portions of the boat house over the high water mark will be considered minor as well as desirable and appropriate for the use of the land. 109 Report COA2O19-017 "rB;?ff 3) Do the variances maintain the intent and purpose of the Zoning By-law? (i) Two-Storey Boat House and Height - No (ii) Extension beyond the high water mark - Undetermine.4 (i) Two-Storey Boat House and Height: The Somerville Zoning By-law is clear in the standards allowed for boat houses. It defines normal water level as the usual or average summer elevation of the water surface of a body of water or a watercourse as maintained for navigational purposes, as specified by a Conservation Authority with jurisdiction , or the Ministry of Natural Resources. lt further provides that in the absence of a controlled elevation, the usual elevation of the water surface of a body of water or watercourse exclusive of seasonal flooding shall be adopted. The By-law also prescribes that only in a situation whereby a structure is constructed more than 3 metres away from the shore lot line shallthe height be measured from finished grade (on land). Staff in conjunction with the KRCA have advised their receptiveness to the unofficial water levels provided by the applicant's designer. They will support a boat house height measured from the average point between the unofficial high water level and the unofficial normalwater levelfollowing the applicant's concern that adopting the unofficial normalwater level may put their proposed boathouse at risk of flooding. Given that staff have demonstrated reason by working with applicant and their designer to achieve a boat house design that would be supportable within the confines of the corresponding zoning by-law provisions, provided the proposed number of storeys for the boat house is reduced to less than two-storeys and the height measurement revised to comply with standards prescribed in the by- law, the variances for the boat house will be considered to meet the general intent and purpose of the Zoning By-Law. (ii) Extension beyond the high water mark: By-law 2001-155 which was passed in November of 2001 by Council was specifically enacted for Four Mile Lake to insure boat houses are not constructed substantially in the water with a minimal amount being on the actual lot. For clarity, high water mark is defined as the highest elevation of the water surface of a body of water or watercourse, including seasonal flooding, as evidenced by changes in shoreline or residualwater marks left on buildings, structures, vegetation or other shoreline features. As explained in Rationale 1 and2 above, the configuration of the shoreline edge presents a physicalconstraint. Provided an EIS demonstrates no impact to fish habitat, and necessary permits are obtained from the Ministry of Natural Resources and Forestry (MNRF) prior to any in-water works, the variance for the extension of portions of the boat house over the high water mark will be considered to meet the general intent and purpose of the Zoning By-Law. 110 Report COM019-017 "tt;??-??? 4) Do the variances maintain the intent and purpose of the Official Plan? (i) Two-Storey Boat House and Height - No (ii) Extension beyond the high water mark - Undeteremined The property is designated Waterfront and SP-1 Special Lake Policy Area within the City of Kawartha Lakes Official Plan. Residential uses, along with acc€ssory uses (e.9. boat houses) are anticipated within the designations. The Special Lake Policy Designation speaks to the fact that the Lake is a relatively shallow warm water with a closed system that has no navigable ac@ss to or from the Trent River System or other lakes. As well, that volume of water in the lake has a very slow flushing rate of once in five years and its small drainage area directly influences it. The current health of the lake and quality of life in the community is linked to the undeveloped ruralcharacter of the watershed. Four Mile Lake residential community is deemed to be 'at capacity'for new recreational development and activities as the entire shoreline has been heavily developed with over 450 residentialdwellings. ln addition, that the character and geology of the shoreline and surrounding watershed is unique and quite diverse and provides for a wide range fish and wildlife species and landscapes. However, it is recognized that this diversity is fragile and may be threatened from any new development. Therefore, the designation policy directs that in order to protect the integrity and character of this residential community, new shoreline and backlot residential development must occur in accordance with standards. ln consideration of the above, provided the proposed number of storeys for the boat house is reduced to less than two-storeys and the height measurement revised to comply with standards prescribed in the by-law, and the EIS advised by the KRCA demonstrates no impact to fish habitat, the variances will maintain the general intent and purpose of the Official Plan. Other Alternatives Considered : (i) The applicant supplied pictures of the former boat house which appears to be a one-storey design and compliant with the by-law requirement for height and number of storeys (see Appendix H). Staff have been able to demonstrate reason by recommending an alternative boat house design that can achieve a safety and storage functionality while still meeting the tests set out in Section 45(1) of the Planning Act (see Appendix F); (ii) Staff have confirmed with the KRCA that the alternative boat house designs recommended in accordance with the by-law provisions will still require an EIS to be done for the in-land works at the shoreline with respect to fish timing windows; (iii) The applicant supplied pictures along with their application form which they claim to have downloaded from social media showing boat houses on Four Mile with two-storeys. Staff opine that it is premature to rely on information that does not have a reliable source or municipal address associated with it. Moreover, observation from site inspection also verified 111 Report COA2019-017 ""r;?"ut"?? that the picture supplied by the applicant as being 'The Boathouse from our Neighbor's Deck'does not physically exist (see Appendix l); and (iv) The applicant supplied additional pictures on April 2,2019 labelled 'Other of Boathouse on Lake'showing boat houses with two-storeys (see Appendix l). Staff maintains that it is premature to rely on information that does not have a reliable source or municipal address associated with it. The applicant also supplied an elevation drawing for a two storey boat house on the same day labelled 'Previous Pass Drawing'. The applicant claimed the drawing was done by their designer and that it was approved by the City of Kawartha Lakes. Staff have reviewed the drawing dated July 20,2009. The property is municipally addressed as 102 Romany Ranch Road in Fenelon Township and fronts on Balsam Lake. Staff maintain that a different zoning by-law jurisdiction applies in this situation and thus, does not hold enough traction as a valid comparable to what is being proposed under this application. Servicing Comments: The property is serviced by private well and lake systems Consultations: Notice of this application was circulated in accordance with the requirements of the Planning Acf. Comments have been received from: Agency Comments: Building Division - Sewage System Program (March 1,2019): No concerns. See comments. Building Division - Plans Examiner (April 4,2019): No concerns. See comments. Kawartha Conservation (KRCA - April 4,2019). KRCA advised they are not supportive of the request of the minor variance at this time until the following recommendations are addressed to their satisfaction: o A revised boat house design to a single storey, flat roof configuration in accordance with the previous boathouse design in order to prevent an increase in habitable space in a known flood hazard where none previously existed, and o The applicant submits an Environmental lmpact Study (ElS) conducted by an environmental professionaland scoped by Kawartha Conservation staff to ensure the construction and situation of the boathouse presents no negative impacts to fish and fish habitat in accordance with the Natural Heritage System policies of the Growth Plan for the Greater Golden Horseshoe (2017\ and Section2.1.6 of the Provincial Policy Statement (2014). KRCA also emphasized that, in-water works should only be conducted from July 1Sth to October 1st. Additional permissions in relation to in-water works surrounding fish-timing windows and Crown land work permits may be required. See Appendix E for Comments. 112 Report COA2019-017 D20-2019009 Page7 of7 Public Comments: Marq and Ken lnglis. Owners - 16 Griffin Drive (Received April2. 2019): They expressed support for the proposed boathouse as it will ensure a safe and proper building. They also added that they have reviewed the plans and toured the proposed location and that they are satisfied that the proposed height of the boat house will not affect their view or enjoyment of the lake. Attachments: tr &,r Appendhes A-G to Appendk H to Appendix I to Report Report COA2019-01i Report COA2019-0U COA201$.017.pdf Appendix A - Location Map Appendix B - Aerial Photo Appendix C - Applicant's Sketch Appendix D - Elevation Drawings Appendix E - Department and Agency Comments Appendix F - Staff Recommended Boat House Design Appendix G - Public Comments Appendix H - Applicant's Old Boat House Pictures and Supporting Pictures showing Height of Proposed Boat House Appendix I - Applicant's Pictures of Comparable Boathouses Phone: 705-324-941 1 extension 1 367 E-ilail: qadebayo@kawarthalakes. ca Department Head: Chris Marshall, Director of Development Services Department File: D20-2019-009 113 APPENDIX: f, to REPORT COA2019-017 D20-201 9-009 Fl[E NO: D20-2019-00t Geographic Township of Somerville Lot 19 Concession 7 SUBJECT LAND $ l'it 7th Concession Rd Concession 6 Four Mile Lake 114 APPENDIX: B to REPORT COA20L9-017 FILE NO: D20-2019-0ql (*rrrnr$ Grounrrcs Mnpp rruc 20 Griffin Drive, Geographic Township of Somerville 423 Thls map is a user gen€rated staiic output fuom an lntemet mapping ste and Klometers \0€q^A, is for reference oniy Data lay€a that appsar on this map nray or may not b9 WGS_1 98a_Web_Mercator-Auxiliary_Sphere acclrale. curenl. or oth€s'ise reiiable ;:' City Of Kav€{ha Lakes THIS MAP IS NOT TO BE USED FOR COMMERCIAL OR LEGAL PUPOSES 115 APPENDIX: C to REPORT COA2019-017 FILE NO: D20-2019-00? Plan Sketch a) s (TOP OF tBA) F ELEVATION 9I,9 (ARBITRARY DATUM) r ( 4P + \o. b)$ BOATHOUSE 2Ox30 (6.00,€.14) w . ';r\ Grrfrfi( ,:. I \b d \ \t'lA .ll' :r {i:i' , s ''i" o-r, lu\ $ ., 116 APPENDIX: D to REPORT COA2019-017 FILE NO: D20-2019-009 Front (East) Elevation and Sectional Drawing \i _-"*.:I J tJ I I ffi l EAST €L€VAT'ON sEcl0{ AA Left (South) Elevation and Sectional Drawfng \-i t*: t I -+-. I I 6.8 metres :. * I't' t, soonr €LEv^tx)ll 117 APPENDIX Charlofte Crockford- to REPOFIT From: Derryk Wolven 11 Sent: Thursday, April 04, 2019 337 PM To: Charlotte Crockford-Toomey tril"E NO. lzo -est{-oocl SubJect Com rnittee of Adjustment Please be advised building divisbn has the following comments: D2S.2019-009 No concerns D20-2019-015 No concerns D20-2019-016 No concems D20-2A19-.017 No concems D20-2019-018 No concerns D20-2019-019 No concems DzA-2019-O2A No concerns Denyk Wolven, CBCO Plans Examiner Development Services, Building DMsion, City of lGwartha Lakes 70U324-%11 ext. 1273 unrvn.kawarthalakes.ca ;qur,,rnrH,{!F 1 118 , APPENDIX I Quadri Adebayo From: Anne Elmhirst REPORT GtA4;617 Sent: Friday, March 0L,20L910:3L AM To: Charlotte CrocKord-Toomey FII-F NO Subiect: D2O-20I9-009 - 20 Griffin Dr W=:sxi-rc? Hello Charlotte, RE: Minor Variance Application D20-2019-009 20 Griffin Drive, Former Somerville Township, City of Kawartha Lakes Pt Lot 19, Conc. 7 , Plan 427, Lot 4 Roll No. 165131 005009600 Owner: Frank Danek I have received and reviewed the above-noted request for minor variance to allow for the construction of a boathouse with a second floor with windows and a deck at 20 Griffin Drive. This request does not include living space as a component of the construction. A site visit was completed as part of this review. A sewage system installation report was located for this property (file S-31-05). The report indicates a septic tank and weeping bed located at the roadside of the property. The proposed boathouse will be maintained outside of the minimum setback clearance distance to the components of the sewage system. As such, the Building Division - Sewage System Program has no concerns with the proposed minor variance. Best Regards, Anne Elmhirst C.P.H.|.(C), B.A,Sc., B.Sc. Supervisor - Part 8 Sewage Systems Development Services - Building Division, City of Kawartha Lakes 705-324-941 1 ext. 1882 www.kawarthalakes.ca t\*K+iurri,lfr 1 119 April 04,2019 KRCA File No 16883 Page 1 of4 APPENDIX I e- K.T\WARTHA to trclNSERVATION Oiscover. Protoct . Restore REpoRr @:gffi =;LE No. b,>oflq-eq Via E-Mail: [email protected] Ch arlotte Crockford-Toomey Administrative Assistant Committee of Adjustment City of Kawartha Lakes 180 Kent Street West Lindsay, ON KgV2Y5 Regarding: Application for Minor Variance - D20-2019-{Xl9 Frank & Philip Danek 20 Griffin Drive, Part of Lot 19 Concession 7 (Four Mile Lake| Geographic Torrnship of Somerville City of Kawartha Lakes Dear Ms. Crockford-Toomey: This Letter acknowledges the receipt of the above noted application. Kawartha Region Conservation Authority (KRCA) staff have reviewed this application and provided the following comments: Aoplication Purpose It is our understanding that the purpose of this application is to request the following variance from the requirements of the Township of Somerville Zoning By-Law 78-45, as amended. The purpose and effect is to request relief from the following in order to permit the construction of a boathouse: a) Section 18.1.5 (c) - to increase the maximum number of storeys allowed from one-storey to two-storeys; b) Section 1S.1.5(c)(i) - to increase the maximum height for a structure adjacent to or within 3 metres of the lake from 4.5 metres to 66.8 metres; and, c) Section 18.1.5 (d) - to permit any portion of a boathouse on a lot fronting on Four Mile Lake to extend beyond the high water mark. Apnlicabte Kawartha Consenration Reeulations and Policies Ontario Regulation t82l OG (as amendedl: The subject property is located outside of Kawartha Conservation's defined watershed boundary Anolication-Specifi c Commerts KRCA Memorandum of Understanding (MOUI: The following comments are provided as per the MOU entered into between the City of Kawartha Lakes and Kawartha Conservation. The City has requested staff provide comments and analysis on the identification, function KAWARTHA CONSERVATION 277 Kenrei Road, Lindsay, ON KgV 481 705.328.227 1 Fax 7 05.32a22a0 Kawa rthaCons€rvation.com g - onrTARlo 120 April 04,2019 KRCA File No 16883 Page2 of 4 KAWARTHA CEN5iERVATION Discover. Protecl, Rostore and significance of natural heritage and hydrologic features and systems such as, significant woodlots, wetlands, significant wildlife habitat, fish habitat, significant habitat of endangered and threatened species, significant valleylands, areas of natural and scientific interest, surface water features and groundwater features on, or in proximity to, a proposed development site or within a study area. Flooding Hazards {Hazardous Lands} To ensure conformity with Section 3.1 of the Provincial Policy Statement (PPS, 2014), Kawartha Conservation aims to prevent new development from locating in areas where there is a potential for loss of life and/or property damage from natural hazards. Moreover, KRCA Plan Review Policies (Section 2.4.2.41 for Natural Hazards identifies that applications shall not create new or exacerbate existing hazardous conditions. Due to the anthropogenic influence in manipulating lake levels, Four Mile Lake experiences considerable fluctuations during certain times of the year. As there is no recorded Regulatory flood level for Four Mile Lake, Kawartha Conservation policies propose development be setback from the shoreline at least 15 metres and be located at least one (1) metre above the spring high watermark. A second-storey replacement of the existing single-storey, flat roof boathouse represents the potential for the establishment of habitable space within a known flooding hazard. Moreover, a pitched roof design increases the potential for an immediate and future habitable component within the second-storey of the boathouse. Staff appreciate the concerns raised by the applicant regarding the need to facilitate the storage of a marine rail system; however, implementation of marine rail systems can be achieved using a single-storey, flat-roofed boathouse and the additional height is unnecessary for the proposed use. Kawartha Conservation also recommends no services (aside from electricity, which should be flood-proofed accordingly) within the proposed boathouse. Any replacement boathouse should be firmly anchored and attached to the shoreline. Overall, the proposed replacement boathouse presents an unacceptable risk to public health and safety and the increased potential for property damage on-site and adjacent to the subject lands. Growth Plan for the Greater Golden Horseshoe (GPGGHI - Natural Heritage System Mapping The subject property is located within the Provincial Natural Heritage System (NHS) released by the Ministry of Natural Resources and Forestry (MNRF) through the Growth Plan for the Greater Golden Horseshoe {GPGGH), 2017' Key Natural Heritage Features (KNHFs) / Key Hydrologic Features {KHFs) as part of the NHS have been identified on lands within 12o metres of subject lands including woodlands and fish habitat. Section 4.2'3.1& 4-2'4.3 of the GPGGH prohibits development and site alteration outside settlement areas within key natural heritage features and key hydrologic features and their related vegetation protection zone (VPZ). Section 4.2.4.L of the GPGGH states that development, including a change of use, ind site alteration within 120 metres of a KNHF/ KHF will require a natural heritage evaluation (NHE) or hydrologic evaluation that identifies a VPZ. For fish habitat and significant woodlands, the minimum VpZ is 30 m from the outside boundary of the feature {S. a.2.4.1(c}). Since the proposed expanded boathouse will be within 120 metres of fish habitat, a scoped NHE/EIS will be required- KAWART}IA CONSERVATION 277 Kenrei Boad, LindsaY. ON KgV 4R1 7 A5 328227 1 Fax 7 05.328.2286 KawarthaConservation,com Our WataEhad Padaa$: Jow0shrp o' Ct"an Motaqhnn Con*nilioile Tosinshrp ot Btock N4llnicipnlitY ol Jrqrt Lnkei ' Ciry .)f Krv,arth;i l-akes ' aegron oi Dtlrhnol I bwn3liip of Scugog ' lvlL;nicipaltry oj Claringlon ' ONTARIO 121 April 04,2019 KRCA File No 16883 Page 3 of 4 KAWARTHA CEINSERVATIEIN Discovar. Protect' Restore Fish Habitat Pursuant to Policy 3.4.6(81, for expansion, replacement, or relocation of an existing building or structure on adjacent lands (within 120 metres of fish habitat), Kawartha Conservation recommends the maintenance, establishment, and/or enhancement of a buffer strip running continuously along both sides of all water features supporting fish habitat, measured in accordance with Policies 3.4.6(10), 3.4.6(11), 3.4.61121,3.4.6(13) OR where this is not feasible, that maximum buffers, given the site constraints, should be applied wherever possible. Furthermore, Policy 2.1.8 of Provinciol Policy Stotement states, "Development and site aheration shall not be permitted on adjacent lands (120m) to fish habitat unless the ecological function of the adlacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the naturalfeatures or on their ecological functions". The Ministry of Natural Resources and Forestry {MNRF) recommends a minimum vegetated buffer for fish habitat of 30 metres. Based on the plans provided as part of the application, the proposed boathouse represents considerable expansion within the water and along the shoreline of Four Mile Lake. Based on MNRF's direction, in cases where a site specific technical report (e.g- Environmental lmpact Study) has evaluated the ecological function of the adjacent land and has demonstrated that smaller buffer widths would be appropriate to ensure no negative impacts on the fish habitat. Ultimately, the expansion of the boat closer to the shoreline, within the fish habitat buffer is contrary to provincial policy unless supported by a technical study. ln addition to the recommended scoped Environmental lmpact Study (ElS), the applicant is advised of the in-water tirning windows for conducting in-w-ater works. Work should be avoided during the following time periods (as Four Mile Lake is in the Southern Region): March 15s to July 15th Spring spawning species October 1't to May 31't Fall spawning species Four Mile Lake has both spring (e.g., Walleye) and fall (e.9., Lake Herring) spawning species. Again, in-water work should only be conducted from July 15th to October 1st. Additional permissions in relation to in-water works surroundr'ng fish-timing windows and Crown land work permits {since the proposed boathouse is situated below the spring high water mark (Upper Navigable High water Mark) may be required. lt is highly recommended that the applicant contact the Bancroft District MNRF (MNRF Minden Area Office - Adam Challice) for any additional restrictions andlor requirements. More information on in-water works in relation to fish habitat and spawning can be found via the following link htto:l/www.dfo-mpo.gc.calpnw-poe/timing-periodes/on-ens.htrnl KAWARTHA CONSESVATION 27-1 Kenrei Road, Lindsay, ON KgV 4Bl 705.328.227 1 Fax 7 05.328.2286 KawarthaConsewati on.com g Out Waleahed Panac8: ONTAN I O 122 April 04,2019 KRCA File No 16883 Page 4 of 4 KAWARTHA CBNSERVATION Diseover. Ptot€ct. Restore During all phases of construction, appropriate erosion and sediment controls (i.e. silt fencing and turbidity curtain as per OPSD 2l9.Il:O & 219.250) should be implemented between disturbed areas and Four Mile Lake to prevent sediment-laden runoff from entering into Four Mile Lake. Recommendation Based on our reuiew of t{te natural hazards and natural heritage features adjacent to the propertlr, KRCA staff are not in a position to recommend approwl of Minor Variance application D20-2019{t09 at this tame until the following recommendations are addressed to our satisfaction: l- The applicant revises the design of the boathouse to a single storey, flat roof configuration in accordance with the previous boathouse design in order to prevent an increase in habitable space in a known flood hazard where none previously existed, and; 2. The applicant submits an Environmental lmpact Study (ElS) conducted by an Environmental professional and scoped by Kawartha Conservation staff to ensure the construction and situation of the boathouse presents no negative impacts to fish and fish habitat in accordance with the Natural Heritage System policies of the Growth Plan for the Greater Golden Horseshoe (2OL7l and Section 2.L-6 of the Provincial Policy Statement (2014). The above comments reflect our understanding, at the time of writing, of the best available data, applicable policies and regulations. I trust this meets your information requirements at this time. Should you have any questions regarding this matter, please do not hesitate to contact this office. Yours Truly, Kent Stainton Resources Planner Extension 232 ktainton@ kawarthaconservation.com cc: Quadri Adebayo, Gty of Kawartha Lakes, via email Mark LaHay, City of Kawartha Lakes, via email KAWARTHA CONSERVATION 277 Kenrei Boad, Lindsay, ON KgV4R1 7 05.328.227 1 Fax 7 O5.32A.22A6 KawarthaConseryation.com Arr WsteBh.d Pertacb: g C0m&tion ONTARIO 123 APPENDIX f- Charlotte Crockford-T oomey *n From: Mark LaHay FEPoRT @Az-ett"Pt1 Sent: Tuesday, April 09, 20L9 11:11AM To: QuadriAdebayo FILE NO. xt-n*uro Cc: Charlotte Crockfo rd -Toomey -as1 Subject: FW: 20190409 D2O-2019-009 - Engineering review FYI - file From: Kim Rhodes Sent: Tuesday, April 09, 2019 9:58 AM To: Mark LaHay Cc: Christina Sisson; Kirk Timms Subject: 20190409 D20-2019-009 - Engineering review Please see the message below from Christina Sisson: Good morning Mark - further to our engineering review of the following Minor Variance - D20-2019-009 20 Griffin Drive Part Lot 19, Plan 327,Lot4, Concession Geographic Township of Somerville It is the understanding by Engineering that the purpose and effect is to request relief from the following in order to permit the construction of a boat house: 1. Section 18.1.5(c) to increase the maximum number of storeys allowed from one-storey to two- storeys; 2- Section 18.1 .s(c)(i) to increase the maximum height for a structure adjacent to or within 3 metres of the lake from 4.5 metres to 6.8 metres; and 3. Section 18.1 .5(d) to permit any portion of a boathouse on a lot fronting on Four Mile Lake to extend beyond the high water mark. From an engineering perspective, we have no objection to the proposed Minor Variance Please do not hesitate to contact our office if you have any questions. Thanks, cfi{n6rtA/34 Ghristina Sisson, P.Eng. Supervisor, Development Engineering Engineering & Corporate Assets, City of Kawartha Lakes 705-324-941 1 ert. 1 1 52 www.kawarthalakes.ca 1 124 APPENDIX: F to REPORT COA2OL$OLT FILE NO: D20-2019-m9 Staff Recommended Sample I -qqeu*cr ',-==, < Q+fltr rtuhtxf E S1*, I u.l ilI il'e \ '! i Ttirrr a;;as * :^*{ti I r.ti- L.-.\ Staff Recommended Sample 2 _%eutc, I ..1 trttrtr.rf*rrc& n *--f.-r, I L-l-t Ll Tr' I Ni.{.;;'1" - I '.tiro i".*'. 125 APPENUX: G to REPORT COA2019-017 FILE NO: D20-2019-009 l6 Griffin Drive Coboconk, Ontario KOM IKO January 26,2019 To Whom it may concem We have been neighbours of the Daneks for over 20 years. In all that time the property had a derelict boathouse in such bad shape that we felt it necessary to specifically warn our Grandchildren to never attempt to enter it. With that in mind we welcome Philip's plan to remove it and build a proper and safe building. We have reviewed the plans, toured the actual location, noted the grade levels and fully support the building of the boathouse as shown. The height shown on the plans will not affect our view or enjoyment of the lake. Please feel free to contact us at any time if you would like us to elaborate further on our view of the project. Marg and Ken tnglis 126 -a APPENDIX E Charlotte Crockford- to REPORT 1 From: QuadriAdebayo Sent: Thursday, April 11, 20L9 4:20 PM FILE NO. 5y6-2A4- To: Charlotte CrocKord-Toomey ry Subject: FW: Minor Variance- D20-2019-009 Follow Up Flag: Follow up Flag Status: Flagged Please print as amended packaqe for Committee Members. Thanks From : Cori n ne S fma ilto : cssanders@ rooers.com] Sent: Thursday, April 11, 20L9 2:25 PM To: Quadri Adebayo Subject: Fwd: Minor Variance- D20-2019-009 Sent from my iPad Begin forwarded message: From: Corinne S Hi My Wife & I are the owners of the property next door to the variance application 20 Griffin Drive, Part lot 19, plan 327,Lot4 , Concession7, Townships of Somerville. Our cottage is 24 Griffin Drive an is at a higher elevation & set back from the lake than the proposed boat house. We have concerns of blockage of air flow & view of the lake the primary reason for owning a cottage. The number of storeys proposed being double the the building code (from I to 2 storeys is a big concern) The total height of the proposed structure being over 50olo more than buildings code (from 4.5 meters to 6.8 metres another big concern) From our cottage deck that looks out towards the lake we would be viewing a 30' x 20' corner wall & roof line of the boat house 5' from our lot line. We believe that these conditions would be deter mental to the value of our property in the future. It is our belief that the City of Kawartha Lakes building codes should be up held under these circumstance. We would have rather have done this in person but because of a medical issue my wife has at this time was not possible. Thanks for your time Ross & Corinne Sanders 19 Sawyer Cres. Markham, Ont. L3PsV2 1 127 APPENDIX q f- to REPORT -@2n1-oi'T April 16,2019 trl! tr l\r^ - ,L$ ttV. W4e41 -sp1 City of Kawartha Lakes Committee of Adj ustment P.O. Box 9000 Lindsay, Ontario K9V 5R8 Affention: Mr. Adebayo ?is prese,nre Bromeeandprofect tfie be€,ulyandintegiyof Four Mile Lake RE: Committee of Adjustment Report Number COA2019- and tlle sarosndrng a/ea. 0 1 7/Department File Num b er D20 -2019-009 (Frank Danek' Applicant) Prasident I Sp*clol lnitlttiwg Ron Osborne (Hoty 8qy Drivel osbomeroncegmalt.com Dear Mr. Adebayo, 226-374-'8742 Past Pr€sidsnt Rob Sytvester On behalf of the Four Mile Lake Association we wish to comment on the {Btrchgten Orivei rob. sylvesterghotmait.com refercnccd application rcgarding thc construction of a new two story 705-454-2504 boathouse. Vice Presidcnt / SFeciat [nitactlves Doug Timmins fCedar Road) Doug,Timmins(dregatbetoit.com While we encourage the replacement of the existing dilapidated structure 705-454-1130 at 20 Griffin Drive, we do not support any construction that contravenes 5ecmtrrT"1pg36rrre1 as set out in the CKL Ann Hayler the Four Mile Lake Specific Policy Area (SP-l), (6th Concession) [email protected] Official Plan. 705 454 1471 HaErbership / Adverti$ing the City staffs recommended design, which is in Greg Worona We fully support (i-akeside Drive) keeping with the general character of other boathouses on the lake as well Sw1073(alrahoo.ca 905-344-6815 as the land use designations and policies outlined in SP-l' Operetions / Events Ann Castaldo fcriffin Drive) We would appreciate being kept in the loop as to the determination of ann._castatdo(ayahoo.ca this application. Director rt Lrrge David Bates (Lakeside Drivel [email protected] Sincerely, 705-454-2335 Directar rt Large Saut Chernos (Hittside Dr.) [email protected] 647-5L8-6397 Director at Larg€ Trevor Parker (Wembtey Drive) trev-parkerGmsn.com Ron Osborne Director at L.rge President Tom Meisner (Witkinson Drive ) Four Mile Lake Association [email protected] Mailing Address Four Mite Lake Association cenerat Detivery Burnt River, Ontario KOM 1C0 www.fourmilelake.ca 128 111onolS DSCo0972"JPG APPET\,lDIX lon fr< fi.to *'*tf&t* -NL f il.otr.t_ htb€ :#ddrre{pogle.ccm/divdry'1 /my-drive?ogsrc=32 v1 129 APPENDIX I +f -'- ll' 111012019 DSCOOOB2.JPG *m>T+;en 111 130 APPENDX I l+ 't110/30'ts DSCffl96rJPG to 1t1 h[ps/r"metl.google.oomi?nailu/l/?q:20+gfitrn+Esearch/20+gdtrm/KlbrilwGva(bnBTNl,lwgzSll\tl'lVgc,fGFNjGmL?projectot=1 131 APPENDIX I l+ t 1110no19 DSCNO956,JPG 1t1 132 ,t, f lS*,1:*[iir,r,rr : .;it:,: iol edf't06003s0 6'0eJ0t/t T xtoNSddv # 133 APPENDIX $ 1Jr0t20t9 DSCOOS46JPc to :,r ##ffWgflSli+i I :ffie'ffin:lr.rl@€? 1/1 134 At-FEirr-rur ..t r;,:lt 1/10/201S DSC0007s-JPG tO ti4:,i! 1n-, ;;,i.:t!. i.r.{i*,{l r 1/t 135 APPENDIX 1/1012019 DSC00960JPG tO,:i:.:t;i:. : ..J,it,it:.i,:ri*.ill hflpa:/imait.gpogFB"coirdfmtuJrl/?q-?O+grifih+#searchl20+grimn/KtbxlwG€$r€Tlwwgz$WNvgcreFNfcr{?prciBcioFf 1{1 136 t- I APPENDIX * 1,t10/2119 DSC00954JPG to ,r,l 1t1 137 APPENDIX t r/10120"t9 DSC00985.JPG to 1.t .t.., I 1t1 138 t APPENDIX +t* I 1/10n019 DSC00€83.JPG to 1{1 139 filarr r f Ooel ,r, urc tu learoT'*o"Y.S.-.-' hnps://lh3.googleusercontent.com/2mYHBu2YiSXlK-TbbuJFl-j8qpMlh6O2BOBuNs0vg6.,. 41212019 140 tpp'*okrc ,"oft &tfO tr? o So tftrl *: f fi $ Tt l€tv to https://lh3-googleu- t@Effi";t' "1 . t .J lrttps://lh3.googleusercontent.com,/e4VVZtrnY6B?mlVx5iZNLQOSZsVlSs'I-iclrni'r\C52922... 41212fr19 142 -Ht- r31 LllT Oo y't APPEND t . f r? 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